HomeMy WebLinkAbout17-304 Staff Report Page 1 of 11
Staff Report for the B-2M Parking Text Amendment
Public Hearing Dates: Zoning Commission public hearing is June 20, 2017 at 6 pm.
City Commission public hearing is June 26 at 6 pm.
Project Description: A revision to Section 38.25.040 of Chapter 38, BMC to set minimum
-off street parking requirements for the B-2M District where it exists within the
Midtown Urban Renewal District.
Project Location: Applicable within the B-2M District where it exists within the Midtown
Urban Renewal District.
Recommendation: At the direction of the City Commission
Recommended Zoning Commission Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 17-304 and move to
recommend approval of the text amendment.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application 17-304 and move to approve the
text amendment.
Report Date: June 15, 2017
Staff Contact: David Fine, Economic Development Specialist
Brit Fontenot, Economic Development Director
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
The City created the B-2M zoning designation during the first phase of the update of Unified
Development Code (UDC) in spring 2016. The previous B-2 zoning did not encourage the
redevelopment of the Midtown corridor in the manner envisioned in the area’s adopted
neighborhood plan, the Design and Connectivity Plan for the N. 7th Corridor (2006). This
plan specifically called for mixed-use development with “commercial services on the main
level fronting the corridor, with residential uses above and behind.” The B-2M zoning allows
new buildings to be built near the street, encourages ground floor commercial, and requires
that parking occur on the side or the rear of structures. The goal is to enhance the pedestrian
experience along the corridor by reducing the amount of parking in front of and around
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buildings. These changes were consistent with two goals of the 2015 Midtown Urban
Renewal Plan included promoting “Human Scale Urban Design” and supporting “Urban
Density Mixed Land Uses”.
City code consultants conducted market analysis for the Midtown of different development
types to assess whether the B-2M code would function in the marketplace. Makers
Architecture, the firm hired to update the UDC and create appropriate new zoning districts
for Midtown in 2016, brought in Leland Consulting Group (LGC) – a planning group with
expertise in the market, financial, and economic elements of redevelopment projects – to test
the proposed new code to ensure that it would not impede investment in the kinds of projects
envisioned by City’s planning documents. Leland created five hypothetical projects at five
possible redevelopment sites along the corridor. Four of the five hypothetical projects failed
to produce the base returns on investment necessary to allow redevelopment. Leland
identified the City’s suburban parking “minimums” as a significant factor in why urban
density mixed use projects were not feasible in most Midtown sites. They suggested that
changing the minimums to more accurately reflect real parking demand, or eliminating
minimums entirely, would likely be necessary to make possible the kind of redevelopment
proposed in adopted plans.
Final adoption of the B-2M zoning code proceeded with small changes to the parking
standards with the understanding that the Midtown Urban Renewal District would fund a
parking study and return with a plan for better parking standards for the B-2M zone based on
thoughtful analysis.
A policy discussion was held with the City Commission on May 1, 2017. The City
Commission directed staff to draft an ordinance to reduce parking minimums consistent with
Commission policy guidance.
A more detailed zoning analysis can be found in Appendix A.
A more detailed policy background can be found in Appendix B.
Alternatives
1) Approve the text amendments as written.
2) Direct use of alternative wording.
3) Continue the public hearing and request additional information from staff.
4) Do not approve the text amendments.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 4
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A – AFFECTED ZONING AND GROWTH POLICY PROVISIONS .............. 8
APPENDIX B – POLICY BACKGROUND ........................................................................... 9
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
Page 4 of 11
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds that the proposed
text amendments meet the established review criteria. See attached Ordinance 1976 draft.
The Zoning Commission will hold a public hearing on the text amendments on June 20, 2017
and will forward a recommendation to the City Commission. The meeting will be held at 121 N.
Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the text amendments on June 26, 2016. The
meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action; therefore
the Commission has broad latitude to determine a policy direction. The burden of proof that the
application should be approved lies with the applicant. The criteria below include separate
findings for each text amendment where necessary.
In considering the following criteria, the analysis must show that the amendment accomplishes
zoning criteria A-D or is neutral. Zoning criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find that
the application meets all of criteria A-D and that the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes, the proposed text amendments are in accordance with the adopted growth policy.
An underlying principle of the Bozeman Community Plan is that public and quasi-public
infrastructure is necessary to ensure the health, safety and general welfare of our citizens; and
maintain and grow our community.
The City of Bozeman’s Vision is detailed in Chapter 1 of the Bozeman Community Plan.
The first goal relates to growth management to promote the unique history and character of
Bozeman by preserving, protecting, and enhancing the overall quality of life within the
planning area. The overarching goal of this text amendment is to further implement the Design
and Connectivity Plan for N 7th Avenue Corridor by establishing code provisions to revitalize
and invigorate investment within the district.
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The text amendment relates to several specific objectives in the Bozeman Community Plan,
including:
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
The B-2M District, primarily located along the North 7th Avenue corridor, is a prime location for
infill development. Infill can reduce demand on the transportation network by creating housing
and employment in and near the center of the city. Encouraging the development of infill and
redevelopment of property will improve the efficiency of public services and reduce outward
expansion of the City. Specifically, reducing the amount of on-site parking will increase the
efficient use of the land within the District.
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design.
The proposed code amendment supports this criterion in multiple ways and furthers the desired
outcome of the adopted plans while respecting the context of the existing development. Reducing
the number of required off-street parking spaces allows for greater flexibility for development
within the B-2M District. It allows for greater investment in the area for multiple housing types
and commercial opportunities.
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of
brownfields and underutilized property within the City consistent with the City’s adopted
standards. Using this approach rehabilitate corridor based commercial uses into a pattern more
supportive of principles supported by commercial centers.
The proposed code amendment supports this objective by encouraging the redevelopment of
underutilized property. Many of the properties with the B-2M District are small and current
parking requirements can make redevelopment projects unfeasible. The current development
pattern within the B-2M District contains large areas of surface parking. This creates an
opportunity for proposed developments to analyze parking demand and create joint parking
agreements with nearby properties as needed to meet that demand.
Objective LU-4.4: Review and revise the City’s regulations to encourage and support
sustainability in new construction and rehabilitation or redevelopment of existing
areas.
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The proposed amendments will encourage infill development by allowing a greater percentage of
the lot area to be developed, while encouraging development that will be supported by existing
infrastructure. This reduces outward expansion of City services.
Goal C-1 addresses human scale and compatibility with intent to create a community composed
of neighborhoods designed for the human scale and compatibility in which the streets and
buildings are properly sized within their context, services and amenities are convenient, visually
pleasing, and properly integrated.
Objective C-1.4: Achieve an environment through urban design that maintains and enhances
the City’s visual qualities within neighborhood, community and regional commercial areas.
Minimizing the required off-street property allows development and redevelopment projects to
promote transparency, functionality, human scale, and other design consideration to further
enhance the City’s visual qualities. Encouraging redevelopment and revitalization within the B-
2M District will facilitate the transformation of the area from a sprawling auto-centric zone to a
more urban focused corridor.
Objective C-2.5: Explore and encourage innovative parking solutions for both residential and
commercial projects, including parking best practices, expanded parking districts, cash in lieu of
parking, and design guidelines for structured parking.
The proposed amendments reflect best practices in the provision of parking by allowing property
owners to build only the number of parking spaces needed to meeting parking demand. Data
presented in April 2017 by Rick Williams Consulting indicates that the amount of parking built
exceeds parking demanded in all commercial uses evaluated. The text amendment proposed to
better align parking requirements with parking demand.
B. Secure safety from fire and other dangers.
Yes. The proposed amendments do not change the breadth of tools available to the City in
identifying and mitigating risk from land use and development.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendments do not change the requirements for provision of water or
sewer systems, provision of emergency response capability, or similar existing standards.
The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), BMC, will adequately address the issues of health and
general welfare. Further development of any property may also require review and
approval by the City Engineer's Office, Director of Public Works, Development Review
Committee, and when appropriate the Design Review Board.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The proposed amendments do not change the requirements for provision of transportation,
water, sewerage, schools, parks and other systems when development occurs. This code
amendment is intended to encourage infill development in the B-2M District, resulting in greater
efficiencies of the existing, sewer, water, schools and other public requirements. Established
procedures in the City’s municipal code under Chapter 38, Unified Development Code (UDC),
BMC, will provide for mitigation of impacts as they occur.
E. Reasonable provision of adequate light and air.
Neutral. This area of the City is anticipating much greater development. As such, some of
the existing open spaces and views may be compromised with development. However, these
provisions are a direct result of and further adopted plans. Additionally, the regulatory
provisions established through the City’s municipal code under Chapter 38, Unified
Development Code (UDC), BMC, will adequately address the issues of health and general
welfare. Further development of any property may also require review and approval by the
Montana Department of Health and Environmental Quality, City Engineer's Office, Director of
Public Works, Development Review Committee, and Design Review Board.
F. Effect on motorized and non-motorized transportation systems.
Neutral. Development that follows the proposed text amendments may create additional
vehicular traffic. However, the proposed code amendment is intended to encourage development
of residential and commercial uses near existing services. This proximity of uses encourages
non-motorized transportation uses and decreases reliance on motor transportation systems.
G. Promotion of compatible urban growth.
Yes. The proposed text amendment will promote compatible urban growth. An
ongoing public discussion that resulted in the 2006 Design and Connectivity Plan for North
7th Avenue Corridor, the Midtown Urban Renewal District goals, and through the process
that created the proposed text insures desired urban growth will result.
H. Character of the district.
Yes. These amendments are intended to implement the goals of the Design and Connectivity
Plan for the N. 7th Corridor (2006) and the Midtown Urban Renewal Plan. The existing
character in the Midtown Urban Renewal District and the B-2M District is eclectic and has
largely been auto centric. The creation of the B-2M District was expressly focused on continuing
and evolving the character of the district. This amendment to modify the off-street parking
requirements continues the evolution of an auto-oriented district, to one focused on human scale
urban design.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments do not make material changes to land uses. No new types of
uses B-2M District are being proposed.
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J. Conserving the value of buildings.
Yes. One of the primary goals of this code amendment is to revitalize and invigorate investment
in the district. Property values within the B-2M District has seen little or no improvement within
the past several years. The proposed amendment is intended to encourage development within
the District. The result will be improved value of buildings in and around the district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed amendments do not make material changes to land uses. The community has
expressed a strong desire to require greater density, encourage redevelopment, and create
neighborhoods designed for human scale and compatibility. The proposed text creates the
regulatory framework that encourages an appropriate use of land.
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.
APPENDIX A – AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Use:
The properties fall within the B-2M District. The intent of the B-2M community business
district—mixed is to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multifamily residential uses as a secondary use.
Adopted Growth Policy Designation:
The properties fall within the Regional Commercial and Services, and Community Commercial
Mixed Use designations in the Bozeman Community Plan. Regional Commercial and Services
designation indicates that “Bozeman is a retail, education, health services, public administration,
and tourism hub and provides opportunities for these activities for a multi-county region. Often
the scale of these services is larger than would be required for Bozeman alone. Because of the
draw from outside Bozeman, it is necessary that these types of facilities be in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad category should have a well-integrated transportation and open
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space network which encourages pedestrian activity, and provides ready access within and to
adjacent development.”
Community Commercial Mixed Use designation indicates that “Activities within this land
use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor
seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile.”
APPENDIX B – POLICY BACKGROUND
The City created the B-2M zoning designation during the first phase of the update of Unified
Development Code (UDC) in spring 2016. The previous B-2 zoning did not encourage the
redevelopment of the Midtown corridor in the manner envisioned in the area’s adopted
neighborhood plan, the Design and Connectivity Plan for the N. 7th Corridor (2006). This plan
specifically called for mixed-use development with “commercial services on the main level
fronting the corridor, with residential uses above and behind.” The previous B-2 zoning
contained yard and setback provisions that made the development of buildings fronting the street
difficult, especially given the shallow lots along the corridor.
The new B-2M code allows new buildings to be built near the street, encourages ground floor
commercial, and requires that parking occur on the side or the rear of structures. The goal is to
enhance the pedestrian experience along the corridor by reducing the amount of parking in front
of and around buildings. These changes were consistent with two goals of the 2015 Midtown
Urban Renewal Plan included promoting “Human Scale Urban Design” and supporting “Urban
Density Mixed Land Uses”.
Staff Report for the B-2M Parking Requirements Text Amendment Page 10 of 11
City code consultants conducted market analysis for the Midtown of different development types
to assess whether the new B-2M code would function in the marketplace. Makers Architecture,
the firm hired to update the UDC and create appropriate new zoning districts for Midtown in
2016, brought in Leland Consulting Group (LGC) – a planning group with expertise in the
market, financial, and economic elements of redevelopment projects – to test the proposed new
code to ensure that it would not impede investment in the kinds of projects envisioned by City’s
planning documents. Leland created five hypothetical projects at five possible redevelopment
sites along the corridor. Four of the five hypothetical projects failed to produce the base returns
on investment necessary to allow redevelopment. Leland identified the City’s off-street parking
requirements as a significant factor in why urban density mixed use projects were not feasible in
most Midtown sites. They suggested that changing the minimums to more accurately reflect real
parking demand, or eliminating minimums entirely, would likely be necessary to make possible
the kind of redevelopment proposed in adopted plans.
Though moving from car dominated suburban-style development to a more compact urban form
is a stated goal of the 2006 and 2015 urban renewal plans, and the N. 7th neighborhood plan, the
new B-2M zoning did little to alter parking requirements applied outside the downtown core,
beyond slight adjustments to residential minimums (The City Commission did exempt the first
3000 square feet of commercial space from parking requirements for projects adjacent to
designated Storefront block frontage.).
At joint meetings of the Planning and Zoning Commissions on March 22, 2016 and April 5,
2016, board members expressed concern that the high levels of required parking were an
impediment to redevelopment. City staff was reluctant to change parking standards without
measured parking analysis that was beyond the scope of Maker’s contract. With new buildings,
mistakes may last decades and it was worth the time to study parking alternatives and propose a
better solution. Final adoption of the B-2M zoning code proceeded with small changes to the
parking standards with the understanding that the Midtown Urban Renewal District would fund a
parking study and return with a plan for better parking standards for the B-2M zone based on
thoughtful analysis.
Staff engaged Leland Consulting Group with Rick Williams Consulting (RWC) (the firm that
conducted the Downtown Strategic Parking Management Plan) retained as a sub consultant to
investigate parking standard alternatives in the context of removing barriers to redevelopment in
Midtown. The team proposed a two-part strategy of using a case study approach to look at how
and why some communities implemented progressive parking policies and assess the outcomes
following implementation. Communities were chosen in collaboration with the Community
Development Department based on at least one of a few characteristics such as size, or cold
winters, or a university community. The case studies are attached.
The second part of the strategy collected data at 30 local sites for retail, office, mixed use, hotel
and stand alone restaurant land uses to understand utilization of parking for different uses within
the B-2M District, and similar site in Bozeman. Data was collected in April 2017 for 30 sites,
measuring both the amount of built parking and parking utilization (measured as parking
demand). The amount of built parking was compared to minimum parking requirements and
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determined to be similar, such that the built parking within the site generally reflects the required
amount of off-street parking. The results of the parking demand are presented in a summary
report by RWC and is attached. The findings conclude that for all categories except residential,
the parking supply greatly exceeds demand. This excess parking, currently required by the off-
street parking standards, creates large areas of underutilized land area. Allowing property owners
to build the number of parking stalls needed to meet parking demand will maximize land use and
building area devoted to commercial and residential uses. This refinement in the number of
spaces required can help spur development and create profitable projects.
Donald Shoup, a research professor of urban planning at the University of California, Los
Angeles, has focused his research on how parking policies affect cities, the economy, and the
environment. Among his many books, journal articles and technical reports, he recommends
cities should remove off-street parking requirements. He has documented that minimum parking
requirements raise the cost of all types of development. This cost is passed on to the consumer.
In his article, “Cutting the Cost of Parking Requirements”, ACCESS Magazine (Spring 2016),
Shoup cites several cities that have eliminated minimum parking requirements because of the
recognition that “parking requirements increase the cost of housing, prevent infill development
on small lots where it is difficult to build all the required parking, and prohibit new uses for older
buildings.” Shoup establishes the case that eliminating parking minimums can be a parking best
practice, where community goals include decreasing housing costs, enhancing infill
development, and reutilizing older buildings.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application. In the future, the City may wish to acquire public parking facilities in the area in
conjunction with redevelopment activity.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 1976
May 1, 2017 B-2M District Parking Policy Discussion Materials