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HomeMy WebLinkAbout15320 UDC Update ZC-PB SR - distributedPage 1 of 27 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Public Hearing Dates: Zoning Commission, July 11, 2017 Planning Board, July 11, 2017 City Commission, to be determined Project Description: Amend and update the Unified Development Code (UDC) of the Bozeman Municipal Code. Project Location: These amendments apply to the entire City and all zoning districts as detailed in the text. Recommendation: Approval Zoning Commission Recommended Motion: Having reviewed and considered the proposed ordinance, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to recommend adoption of Ordinance 1978. Planning Board Recommended 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 15320 and move to recommend adoption of Ordinance 1978. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, recommendation of the Planning Board, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1978. Report Date: May 17, 2017 Staff Contacts: Tom Rogers, Senior Planner Chris Saunders, Policy and Planning Manager Martin Matsen, Community Development Director Agenda Item Type: Action – Legislative 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 2 of 27 EXECUTIVE SUMMARY Unresolved Issues 1) Recommended changes of the Zoning Commission 2) Recommended changes of the Planning Board 3) Responses to public comment 4) Determination as to whether or not to include residential buildings subject to block frontage standards, within high-density residential zoning districts, located on intersection with designated Arterial, and Collector streets in the High Visibility street corner provisions of section 38.530.050.D. Project Summary The City of Bozeman (City) is revising the development code. The purpose of this project is to review and update, as needed the Unified Development Code (UDC) for the City of Bozeman in two related steps. With the adoption of the City’s Community Plan in 2009, the existence of numerous adopted neighborhood and special area plans, and rapid growth (infill and edge), the City recognizes the need to update its land development regulations and standards. Bozeman initially adopted zoning in 1934. Bozeman’s current UDC structure, which includes zoning, subdivision, and infrastructure standards, was established in 2004. Many older elements and standards were carried forward in 2004. The present text therefore does not always reflect the most up to date zoning, planning and infrastructure best practices. Incremental modifications and updates are ongoing resulting in a less efficient code to administer, unnecessary complexity, leading to challenges in implementing the land use and design recommendations in Bozeman’s adopted plans. Areas of Bozeman’s older neighborhoods are nonconforming to current standards. This has led to frequent variance requests and incremental amendments to the UDC. The older areas of town have experienced substantial reinvestment in the past 20 years and there is a growing interest in increased development in the historic core of the community. The additional intensity of use has created conflicts between new and existing users. The complexity of the project necessitated a two-step process. Step one focused on the North Seventh Avenue corridor (“Midtown”) and urban renewal/tax increment district (TIF) and created a new more user-friendly development code. This example was tested and applied to the entire chapter 38. Step two continued the evaluation of the Unified Development Code, Chapter 38, BMC and makes recommendations on the organization, presentation and create revised code for adoption. General project objectives are: • Create a development code that is more user-friendly • Consistent application of goals and objectives • Clarity of purpose 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 3 of 27 • Compatibility with existing plans • Flexibility • Predictability for property owners, the City and the community • Reorganization to improve usability • Shift emphasis from a use based code to more emphasis on site and building form • Support infill • Improve review procedures • Implement the Midtown plan • More A number of the initiatives and improvements were deemed critical to the operation of the City and were adopted, as the amendments were prepared through this project. In addition, the Community Development Department will integrate current code updates in progress including cash-in-lieu of parkland, subdivision review process, and others into the overall code update. Each of the following line items were reviewed and adopted by Ordinance by the City Commission and are in effect today. However, the location and numbering of the text has changed from its adoption to meet the revised numbering system. Ordinance No. 1915 – Cash-in-lieu of infrastructure Ordinance No. 1920 - Property maintenance and demolition of historic structures Ordinance No. 1942 - Create B-2M and R-5 districts Ordinance No. 1943 - Midtown zone map amendments Ordinance No. 1944 - Site Plan review process revisions Ordinance No. 1945 - Revise wetland review board Ordinance No. 1946 - Revise entryway corridors Ordinance No. 1952 – Cottage housing use and standards Ordinance No. 1959 - Level of Service for intersections Ordinance No. 1962 – Adding R-5 and B-2M added to sign code Ordinance No. 1963 – Adding Group Living to the R-5 District Ordinance No. 1964 – Refinement for use within a B-1 District Ordinance No. 1965 – Parks as an allowed use in all districts Ordinance No. 1971 – Affordable townhouse lot size averaging The following amendments were reviewed and approved by the City Commission but not formally adopted by ordinance and will adopted with Ordinance 1978: Amendment 2b – Parks, general procedures and guidance, and cash-in-lieu Amendment 2d – water Amendment 2F – Revisions to subdivision procedures 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 4 of 27 Amendment 2l – Covenants and supplemental materials A list of the additional edits for which public hearings are being conducted at this time is provided in attachment A. A series of public outreach events, meetings, small group sessions, and an Advisory Committee was used to create, test, and determine the best approach for the City of Bozeman. As a result, over 88 public engagement events were held to discuss concepts, share progress and share information to all interested groups and individuals. See attachment A for a list of public events. On May 8, 2017 a complete draft UDC code was presented to the City Commission. At the Commission direction, staff unveiled the draft at five public workshops focusing on different aspects of the code and to numerous City advisory boards. The final adoption schedule is not yet established. The Zoning Commission must complete its review before the City Commission public hearings can begin. Public comment has been received on the project. Attachment B contains the comments. Zoning Commission Recommendation The Zoning Commission held public hearings on July 11th and 18th, 2017. Their recommendation and comments will be provided to the City Commission prior to their public hearing. Planning Board Recommendation The Planning Board held public hearings on July 11th and 18th, 2017. Their recommendation and comments will be provided to the City Commission prior to their public hearing. City Commission Alternatives 1) Adopt the ordinance as presented, 2) Direct revisions to the ordinance prior to adoption and request staff to respond with proposed revision for consideration at a future hearing, 3) Do not adopt the ordinance, or 4) Request additional information and continue discussion on the ordinance. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 5 of 27 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission Recommendation............................................................................... 4 Planning Board Recommendation ...................................................................................... 4 City Commission Alternatives ............................................................................................ 4 SECTION 1 - MAP SERIES .................................................................................................... 6 SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 8 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 9 Section 76-3-102, MCA (Subdivision Purposes)................................................................ 9 Section 76-3-501, MCA (Subdivision Purposes).............................................................. 10 Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21 APPENDIX A - PROJECT BACKGROUND ....................................................................... 21 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 22 FISCAL EFFECTS ................................................................................................................. 22 ATTACHMENTS ................................................................................................................... 22 ATTACHMENT A: GENERAL SUMMARY OF SUBSTANTIVE CHANGES – UDC REVISIONS 7/14/2017 .......................................................................................................... 23 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 6 of 27 SECTION 1 - MAP SERIES 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 7 of 27 Zoning Map – Detailed map available at Community Development and on-line SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a municipal code text amendment, Staff recommended approval as submitted. The Zoning Commission held public hearings on this text amendment on July 11th and 18th, 2017, at 6 pm at 121 N. Rouse Avenue, Bozeman. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 8 of 27 The Planning Board held public hearings on this text amendment on July 11th and 18th, 2017, at 6 pm at 121 N. Rouse Avenue, Bozeman. The City Commission will hold a public hearing on the amendment. The date for the Commission’s pubic hearing has not been determined. If the Commission approves the ordinance, a formal adoption action will be scheduled. SECTION 3 - STAFF ANALYSIS AND FINDINGS In considering applications under this title, the advisory boards and City Commission shall consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. There are four components of findings associated with this text amendment. They are: 1. Planning Board and City Commission only; 76-1-606 MCA. Effects of Growth Policy on Subdivision Regulations. In considering the following criteria, the application must be evaluated against subdivision criteria 1 below. A favorable decision on the proposed application must find that the positive outcomes of the amendment outweigh negative outcomes for criteria 1. 2. Planning Board and City Commission only; 76-3-102 MCA. Statement of Purpose. In considering the following criteria, application must be evaluated against subdivision criteria 2-8 below. A favorable decision on the proposed application must find that the positive outcomes of the amendment outweigh negative outcomes for criteria 2-8. 3. Planning Board and City Commission only; 76-3-501 MCA. Local Subdivision Regulations. In considering the following criteria, application must be evaluated against subdivision criteria 9-17 below. A favorable decision on the proposed application must find that the positive outcomes of the amendment outweigh negative outcomes for criteria 9-17. 4. Zoning Commission and City Commission only; 76-2-304 MCA. Criteria and Guidelines for Zoning Regulations. In considering the following criteria the analysis must show that the amendment accomplishes zoning criteria A-D or is neutral. 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. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 9 of 27 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Yes. The following selections of goals and objectives from the growth policy, while not exhaustive, indicate that the proposed changes are in accord with the goals and objectives of the growth policy. No conflicts with the growth policy have been identified. Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community. Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent with, development. Objective G-1.3: Require development to mitigate its impacts on our community as identified and supported by evidence during development review, including economic, health, environmental, and social impacts. Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. The aforementioned objectives are supported by enhancing requirements to insure the City builds neighborhoods and community that focus on human interaction, connectivity, commerce, and retains the natural amenities our the area. In addition, the provisions contained in the development code specifically mitigate impacts on the community identified during development review, including economic, health, environmental, and social impacts. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Yes. The amendments bring the City’s regulations into compliance with the state statute. The revisions address issues of: transportation, healthy communities, water supply, mitigation of development impact, infrastructure, parks and recreation, and other factors. The subdivision regulations primarily in Article 2 regulate the subdivision process. 3. Prevent the overcrowding of land. Yes. Land become overcrowded when the intensity of use is greater than the services provided to the property. The proposed revisions are part of system which matches intensity of mitigation to proposed intensity of use. Revisions to aspects of the subdivision submittal materials and standards will help ensure that adequate information is available to determine adequacy of public facilities. The development standards require provision of infrastructure 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 10 of 27 to support the subdivision concurrent with the development of the subdivision. Therefore, the ordinance will help ensure that a given area of land has capacity to support the level of use. 4. Lessen congestion in the streets and highways. Neutral. The proposed revisions make minor changes to requirements for street frontage in some cases. The construction of sidewalks, or traffic mitigation is not being modified. The existing regulations address evaluation and mitigation of new travel demand from subdivisions. Therefore, no impact is expected to this criterion. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Neutral. The revisions do not modify standards that may affect the provision of light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. The existing regulations have been found to meet this criterion. Submittal requirements provide the necessary information to allow analysis of needed facilities so that necessary improvements are provided with each development. 6. Require development in harmony with the natural environment. Yes. The proposed does not alter the basic standards for land development. No changes to environmental regulations are included with this proposal. The existing regulations address various natural environment issues including stormwater control and protection of water courses. Correct placement and location of development will reduce impact on the natural environment. 7. Protect the rights of property owners. Yes. The procedural requirements of the City’s subdivision regulations protect rights. Adequate coordination between all stakeholders are integrated in the City’s subdivision regulations. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Yes. Montana Codes Annotated and Administrative Rules govern monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. The City’s subdivision regulations include these provisions. No changes to these requirements are being proposed. Both public and private interests are addressed in this manner. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 11 of 27 9. Orderly development within the jurisdictional area. Neutral. The City has long standing provisions to establish an orderly street network, parks and lots for development. These are shown by experience to be effective. The revisions to not modify the basic street grid, park requirements, or other standards which establish an orderly pattern of development. 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The amendments do not address this criterion. The City’s long range transportation plan locates major roadways. The existing and proposed regulations coordinate with this plan. Existing regulations which will carry forward in the new regulations will continue to address street design standards, placement of streets, and access to streets. 11. Dedication of land for roadways and for public utility easements. Neutral. The amendments do not address this criterion. The City’s long range transportation plan, water and sewer plans, and stormwater plans identify locations for large scale infrastructure. Dedication of land for streets is required with subdivision and public utilities are primarily placed within that right of way. Easements for power, cable, and other privately provided utilities are required to be included with each plat. No changes to these requirements are included with these amendments. 12. Improvement of roads. Neutral. The amendments do not address this criterion. See criteria 10 and 11. 13. Provision of adequate open spaces for travel, light, air and recreation. Yes. The amendments include provisions to mitigate impacts of lot size by limiting bulk and mass on each parcel by proportionally limiting the mass of a building to the size of a parcel. The provisions for parkland are being revised to be more responsive to an urbanizing community. Minimum standards for on and off-site parks and open space are continuing in place. Additional flexibility to meet those requirements enables effective open spaces to be provided that meet the needs of residents while not placing unnecessary burdens during the development process. 14. Adequate transportation, water and drainage. Yes. The revised regulations address the contents to be submitted with a development application. This includes an expanded description of how irrigation water will be provided to proposed parks, information on anticipated water consumption for the development and how that demand will be offset. A mandate for irrigation wells in some circumstances is being made more flexible which corresponds with recent changes in state law. Water conservation is receiving greater encouragement and additional flexibility is being provided for mitigation and treatment of stormwater. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 12 of 27 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The amendments do not address this criterion. See criterion 11. Chapter 40 of the Bozeman Municipal Code is the primary governing regulations for water and sewer facilities. Current regulations which are continuing forward with these revisions require connection to municipal water and sewer and demonstration of adequate capacity prior to construction. 16. Avoidance or minimization of congestion. Yes. The municipal code includes several standards to address this issue. As noted above, the City requires dedication of right of way for streets and construction of streets with subdivision of property. There are standards for adequacy of traffic flow which are evaluated with individual projects. Projects may not move forward if adequate capacity is not available. Application of the standards for street connectivity, pedestrian and bicycle facilities, and overall system capacity avoid or minimize congestion. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of nature hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Yes. The proposed amendments require information on hazards, such as the wildland urban interface, which are a known hazard. This enables analysis and identification of necessary mitigation measures to reduce hazards to future land owners and to avoid excessive expenditure of public funds. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The growth policy does not dictate uses or specific standards to the level of detail contained in the ordinance. It does identify issues and priorities for consideration and does contain goals and objectives that are desirable outcomes. There is no prioritization of one goal or objective over another. In determining appropriateness of a particular zoning ordinance, the Commission needs to find a balance that best advances the interests of the community. It is inappropriate to maximize one item to the detriment of the remainder of the goals and objectives of the document. The City adopted the current edition of the growth policy, the Bozeman Community Plan, in 2009. The Community Plan consists 17 chapters detailing community context, land use, community quality, arts and culture, economic development to name a few. A review of the document found goals and objectives applicable to this application. However, not all goals and objectives are implemented by Chapter 38 of the Bozeman Municipal Code. Fifteen Ordinances have been reviewed and approved by the Commission 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 13 of 27 as part of this project. Each ordinance was found to be in accordance with the Community Plan and are not necessarily included in the following analysis. In addition three other proposed amendments were reviewed by the Commission although not formally adopted including cash and/or improvements-in-lieu of parkland dedication and parkland dedication modifications. The parkland related amendments are included in the attached ordinance. Chapter 3 – Land Use There are seven core ideas which form a foundation for many of the land use policies of the Bozeman Community Plan including supporting neighborhoods, maintaining a sense of place, building on the areas natural amenities, creating centers to foster compact development, integration of action, urban density to improve efficient cost-effective provision of urban services, multimodal transportation, and a compact development pattern is a concentration of persons and activities, and sustainability. Central to the seven principals are neighborhoods. The Community Plan states, “There is strong public support for the preservation of existing neighborhoods and new development being part of a larger whole, rather than just anonymous subdivisions. This idea includes the strengthening and support of existing neighborhoods through adequate infrastructure maintenance and other actions. As the population of Bozeman grows, it is harder to keep the same “small town” feel because residents cannot be on familiar terms with everyone. The neighborhood unit helps provide the sense of familiarity and intimacy which can be lacking in larger communities. The neighborhood commercial/activity center and local parks provide opportunities to casually interact with other nearby residents. Not all neighborhoods are of equal size or character.” Response: This excerpt from the plan notes that neighborhoods are both important and vary in character and size. Neighborhoods may be of residential, non-residential, or mixed use character. One type of neighborhood is not inherently superior to another. People often make reference to their neighborhood in describing where they live. The personal mental map of what defines the neighborhood are influenced by familiarity, availability of notable features, social connections, and travel patterns. Neighborhoods are often difficult to define objectively as a specific geographic area and may not have strongly marked natural edges as perceived identity may changes with proximity to a characteristic feature. A neighborhood is defined in the glossary to the growth policy as: “Neighborhood. An area of Bozeman with characteristics that distinguish it from other areas and that may include distinct economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as watercourses or ridges. A neighborhood is often characterized by residents sharing a common identity focused around a school, park, business center, or other feature. As a distinct and identifiable area, often with its own name, neighborhoods 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 14 of 27 are recognized as fostering community spirit and a sense of place, factors recognized as important in community planning.” 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. Response: Numerous provisions currently exist in the development code to further this goal. Additional provisions including block frontages that are tailored to the existing and future neighborhood context and require development to respond to its surroundings. In conjunction with block frontage site and building design elements, this furthers the sense of place and supports center based development. Adjustments to the dimensional standards nudge density to the stated goal in the Community Plan. Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and community. Response: The City’s outreach efforts for the development code update has fulfilled this objective for this text amendment. See Appendix B. Over 85 public events were held to create, test and refine the content in the ordinance. Once a draft code was prepared, additional public workshops took place to engage all groups of our community. Considerable public comment was submitted and considered during the review. Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. Response: Applying fundamental design standards to all areas of the City, rather than just designated entryway corridors, will further this goal by creating street frontage and site design that relates to the existing neighborhood; provides a vehicular, pedestrian, and multi-modal transportation network; and requires differentiation of the built environment on designated intersections. Additional infill provisions are included to promote residential development in under utilized properties and other modifications to lessen restrictions on improvements to properties. Infill provisions include cottage housing, reduced lot size standards, more permissive accessory dwelling unit standards, courtyard housing developments, more permissive property improvement allowances, and simplified park mitigation requirements while continuing the diverse parking alternatives for commercial and mixed-use buildings. Chapter 4 – Community Quality 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 15 of 27 “Community Quality refers to those things that make Bozeman a special, attractive and enjoyable place to live, work, and play. Community Quality issues include the ways neighborhoods are designed, the way new development looks, the way our streets feel including our urban forest, parkland, trails, commercial districts, new and old residential neighborhoods, open spaces, views to the mountains that surround the City, the historic and new architectural styles, and the core of Downtown Bozeman. An important component of Bozeman’s uniqueness and livability is the quality of the people who live and work here. Community quality, regardless of design, is ultimately meaningless without citizens that respect each other and treat one another and the City landscape with decency.” There are six goals under the community quality heading focusing on human scale and compatibility, circulation, neighborhood design, design guidelines, public landscaping and architecture, and sustainability. Response: A primary goal of the code revisions is to simplify community expectations by standardizing community, neighborhood, site, and building design requirements. Eliminating the special entryway corridor district and applying those standards to all commercial and larger residential buildings and developments will further community quality by insuring all development meets the City standards of connectivity, open space requirements, park design, and minimum design standards. Objective C-1.1 states, “Expand design review programs citywide to ensure well designed spaces throughout the community.” Objective C-1.2 states, “Update design objectives to include guidelines for urban spaces and more dense development.” Response: Both of these objectives are central to the block frontage, site and building design standards that will be applied uniformly and predictably throughout the City. Considerable effort was made to insure unique solutions to site specific constraints is allowed through the departure tool. 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. Response: The integration of the standards from the Bozeman Design Objective Plan ensures urban design and visual qualities within neighborhood, community and regional commercial areas are applied to all areas of the growing community. The provisions contained in the Chapter 38 will create a more predictable, transparent and consistent outcomes by clearly stating City expectations and community needs. Designating block frontages throughout the City and articulating minimum building design and materials will enhance the visual quality of the community. Additionally, the site design elements 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 16 of 27 will integrate each development into the existing neighborhood context with pedestrian, bicycle, open space, park, and vehicular connectivity. Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a commercial center and defined boundaries. Objective C-3.2: Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction. Objective C-3.3: Establish minimum residential densities in new and redeveloping residential areas. Objective C-3.4: Create neighborhood Commercial Centers that will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding neighborhoods. Objective C-3.5: Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods. Response: These objectives and goal is furthered by bolstering housing variety and modifying dimensional standards for residential lots. Housing variety is encouraged by clarifying the myriad of housing types the City code allows and creating additional infill components that will establish the framework for healthy neighborhoods. In addition, changes in certain zoning districts dimensional standards and lessening restrictions on the establishment of accessory dwelling units will allow slightly increased residential densities in certain areas of the City while continuing to respect existing and planned character. Slight reductions in property size augment the effort to develop vital functioning neighborhoods. Integrating the fundamental design standards from the Bozeman Design Objectives Manual support parks, open lands, outdoor spaces, squares, and other civic amenities and foster more vibrant commercial centers by vertically integrating uses. Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear direction in design and review of residential and non-residential neighborhoods without unduly constraining architectural style and innovation. Objective C-4.1: Continue to develop the design guidelines for site planning and buildings to emphasize creativity, diversity, and individuality. The design guidelines shall 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 17 of 27 be based on the premise that truly creative design is responsive to its context and contributes to a comfortable, interesting community. Response: Integrating design standards into the zoning code using a hybrid of Euclidian and form base code provisos clarify development standards for the development community, residents, and the City. The standards are modulated based on context to adapt to the needs of our diverse community. Many standards allow departures that allow the design community to apply their expertise and creativity to adapt sites and building to the context in which it will be built while maintaining reliability of standards. Objective C-4.2: All new residential buildings should be designed to emphasize the visually interesting features of the building, as seen from the public street and sidewalk. The visual impact of garage doors, driveways, and other off-street parking will be minimized and mitigated. Response: Article 5, Project Design is a response to this objective. Project design sets the basic design elements and standards commercial and large residential buildings must meet. Objective C-4.3: Ensure the development of new residential structures that are aesthetically pleasing through urban design. Response: The development code improves the existing design standards for detached and attached residential structures relating to garages and garage locations to improve the streetscape and community function. Simple design standards apply to multi-household structures to maintain aesthetic value and mitigate their potential impacts on adjacent properties and neighborhoods. Objective C-4.5: Investigate expanding form based zoning as a design review strategy for the City. As the City grows and the impacts from more buildings and activities can affect neighborhoods. A successful tool to address these impacts are form-based zoning codes (FBC). FBC’s address the design of a development site and building resulting in de- emphasizes use in favor of mitigating impacts on adjacent properties and neighborhoods. The revised development code integrates design standards into the zoning code using a hybrid of Euclidian and form base code provisos clarify development standards for the development community, residents, and the City. The standards are modulated based on context to adapt to the needs of our diverse community. Many standards allow departures that allow the design community to apply their expertise and creativity to adapt sites and building to the context in which it will be built. Chapter 6 – Housing 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 18 of 27 “Shelter is a physical necessity and human right for all people. Housing is a critical part of the character of the community. Our individual and collective aspirations for shelter significantly shape our lives and our communities. As our community’s population changes our housing supply must also change to accommodate it.” Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. Rationale: A community needs a variety of housing stock to accommodate the diversity in personal circumstances and preferences of its population. The type of housing required may be different throughout a person’s life. A healthy community has a wide range of citizens with differing age, education, economic condition, and other factors. Stable neighborhoods encourage reinvestment, both financial and emotional that strengthens and builds the community. Objective 1.1 - Encourage and support the creation of a broad range of housing types in proximity to services and transportation options. Objective 1.2 – Encourage the preservation and rehabilitation of the existing housing stock to protect the health, safety, and welfare of Bozeman residents. Objective 1.3 - Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents. Goal H-3– Encourage an adequate supply of affordable housing and land for affordable housing. Rationale: There will always be a portion of the population which earns less than the median income. This may be for many reasons. This affects the ability to find market rate housing which is adequate for basic housing needs. Lack of adequate housing effects health, social stability, and many other issues which can have severe negative and inter- generation effects. Objective 3.1 – Encourage the provision of affordable housing. Objective 3.3 – Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents. Response: Some comments on the issue of affordable housing asserted that use of homes for STRs can remove dwellings from the stock of homes for long term use and therefore increase pricing. Other comments asserted that the ability to obtain additional income from rentals was helpful in being able to meet housing costs. The City is reviewing a separate draft ordinance to establish standards for STRs. That ordinance includes a restriction on the operation of STRs within dwellings where financial affordable housing support was provided by the City. This restriction ends when the City has 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 19 of 27 recaptured the support. It is expected that this will prevent redirection into a non-owner occupied condition. Type 1 or Type 2 STRs occur within the principal residence of the owner or lessee. Therefore, they do not remove dwellings from the housing stock. The issue of STRs will receive final resolution separately. The regulations incorporate numerous elements supportive of affordable housing. These range from prioritization in application processing, to flexibility in meeting development standards, to requirements for new subdivisions to incorporate a percentage of price controlled homes. The city removed common barriers to affordability such as minimum home sizes years ago. Provisions to enable accessory dwelling units are made more flexible with these amendments. B. Secure safety from fire and other dangers. Yes. The development standards provide for identification and mitigation of urban/wildfire interface. Development within floodplains is restricted. Setbacks and other development standards facilitate emergency service access. See also criterion C. C. Promote public health, public safety, and general welfare. Yes. The essential standards for provision of public services such as water and sewer will not be modified. The balance of proposed standards are expected prevent overcrowding or other negative impacts. Access to clean water and treatment of contaminated water is provided for. See Criterion D. General welfare is advanced by well designed developments that are functional, attractive, and hold their value over time. Article 4 establishes standards to create a strong community fabric that is greater than any one project and enables a functional and healthy community. Article 5 establishes standards for building design which supports an attractive community where people wish to live and work. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Standards for provision of public facilities are included. See subdivision criteria 4, 5, 10, and 11. The City does not have standards for dedication of school sites. The standards do provide for pedestrian access to schools for children to travel to school. All site development must demonstrate availability of adequate transportation, water, sewer, and park facilities prior to approval. The regulations are integrated with other City standards in Chapter 40 for provision of and operation of utilities. E. Reasonable provision of adequate light and air. Yes. The basic standards for setbacks, dedication of parks, on-site open spaces, etc. that affect this criterion are continued with the proposed ordinance. There are some revisions for setbacks along arterial streets. The block frontage standards in Article 5 provide for “packages” of standards that collectively ensure the issues of this criteria are provided. Minimum standards for windows and air circulation/venting remain in the building codes. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 20 of 27 F. Effect on motorized and non-motorized transportation systems. Yes. The current allowances and requirements for parking apply based on the number of bedrooms in the structure. No changes to the number of required parking spaces are proposed with these amendments. Presently, any residential development may count a certain number of on-street parking spaces and provide for parking on-site as well. The draft does not require enclosed parking of any sort. Enclosed parking is allowed if the owner chooses to provide it but it is not required. This is the same standard that applies to other residential development. Evaluation of overall traffic effects occurs during subdivision or site development review. A separate amendment is being processed for changes to parking standards in the B-2M district. Evaluation of those changes is found in the staff report for that application. G. Promotion of compatible urban growth. Yes. The amendments enable the continued growth of the City. The standards, as shown in other criteria, are consistent with the development standards and patterns of the City. H. Character of the district. Yes. There are many zoning districts in Bozeman and the proposed amendments. No new districts or changes to the district boundaries shown on the zoning map are proposed at this time. The proposed amendments maintain the essential existing character of individual districts. Some changes are proposed in the authorized use tables. These changes primarily aggregate uses into more broad categories. This is intended to simplify the tables and application review which improves clarity and ease of use, two of the purposes of this code review project. Article 5 incorporates directly into the zoning standards design standards were previously included in the Entryway Corridor Overlay District (ECOD). The ECOD will be removed as part of these amendments as it will no longer be needed. The incorporation of the design standards will enable an improved and more consistent review of the site plan development criteria as applied to the site specific context of individual developments. This will support the continuing character of individual districts. A new set of standards for zone edge transitions will lessen abrupt changes in building scale at zoning district boundaries I. Peculiar suitability for particular uses. Yes. No changes to the zoning boundaries are proposed with these amendments. The location of zoning districts has previously been found to be appropriate. The authorized use tables have been reviewed for consistency with the intent and purpose of individual districts and found to be appropriate. J. Conserving the value of buildings. Yes. No changes to the zoning boundaries are proposed that would cause buildings to become non-conforming to the district in which they are located. The regulations include multiple provisions to address this criterion. Division 38.340 directly addresses historic 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 21 of 27 preservation and preservation of existing buildings. Other portions of the municipal code require buildings to maintained in a safe and secure condition to avoid decay and public hazards. The building design standards of Article 5 will avoid negative impacts to adjoining properties. The community design standards of Article 4 will ensure adequate street circulation, parks, and other necessary features. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. No changes to the zoning boundaries are proposed with these amendments. The uses authorized in the use tables for each district are consistent with the district purpose. The zoning boundaries are in substantial compliance with the land use map of the growth policy which establishes the broad policy for location of uses. As described in Criterion A, the proposed zoning is consistent with the growth policy overall. 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. For this text amendment application the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city such as review processes and generally applicable standards. For issues affecting a defined subsection of the city such as an individual zoning district the calculation of protesting owners would include all owners within the affected area. This protest does not apply to provisions relating to subdivision review as there is no state authority for protest of subdivision regulations. APPENDIX A - PROJECT BACKGROUND The City has had zoning since 1934. The City has replaced the entirety of its zoning regulations fifteen times since then and completed over 250 individual amendments to the text. These regulations have developed over time as the City has grown from 6,855 in 1930 to over 45,000 today. The City Commission and Staff identified a need for a substantial revision to the zoning regulations to catch up with changing state laws and to meet the needs of the community as it changes from small town to a full city. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 22 of 27 The City funded the project in FY 2015. A consultant was selected and public outreach was conducted prior to any changes being prepared. A first phase of the project to create two new districts was completed in May 2016. The second phase which includes an overall reorganization as well as numerous changes to the substance of the text is now in review. Follow up phases will be required to address subjects such as parking, signs, and zoning map boundaries are needed and will be funded as opportunity permits. APPENDIX B - NOTICING AND PUBLIC COMMENT This application is for an amendment to the municipal code. Therefore, the required notice is publication in the newspaper per Table 38.40.030, BMC. Notices were published on June 25, 2017 and July 2, 2017 in the Bozeman Daily Chronicle. In addition to this notice, a notice of the proposed amendment as well as the text of the amendment were posted on the City’s website. Information was distributed through the InterNeighborhood Council and Neighborhood Coordinator. Prior to the beginning of the formal public hearing process there were over 85 public meetings to gather information, present concepts for amendments and receive public feedback. Received public comment after the beginning of the public hearing process has been made available to the zoning commission and planning board. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: Bozeman City Commission, PO Box 1230, Bozeman MT 59771 Report By: Tom Rogers, Senior Planner Chris Saunders, Policy and Planning Manager FISCAL EFFECTS Budgeted funds will be expended for implementation of this text amendment. The cost of the project was previously budgeted. Staff time will be required to revise forms, provide public education, and take other implementation steps. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 23 of 27 Attachment A List of edits for public hearing Public comment (Phase 1 and Phase 2) Attachment B Public outreach book 1 Public outreach book 2 Public outreach book 3 Attachment B General correspondence and email ATTACHMENT A: GENERAL SUMMARY OF SUBSTANTIVE CHANGES – UDC REVISIONS 7/14/2017 Amendments include overall reorganization as follows: 1. General provisions (user guide, and purpose & authority) 2. Permits, legislative actions & procedures (consolidates project applications, review procedures, and approval criteria) 3. Zoning districts & land use (introduces zones, permitted uses, and density & dimensional standards) 4. Community design (includes standards related to public and larger scale community design issues such as streets, block size & connectivity, subdivision design, and parks) 5. Project design (includes standards to apply to the design of individual developments, including development frontages, site planning, building design, parking, landscaping, signage, etc.) 6. Natural resource protection (mostly wetlands and floodplain regulations) 7. Definitions The text amendments will include the creation and addition of: Section 38.510 – Block Frontage Standards  Storefront  Landscape  Mixed  Gateway  Internal  Other  Industrial Section 38.520 – Site Planning & Design Elements 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 24 of 27  Relationship to adjacent properties  Non-motorized circulation & design  Vehicular circulation & parking  Internal open space  Service areas and mechanical equipment Section 38.530 – Building Design  Building character  Building massing & articulation  Building details  Building materials  Blank wall treatment Specific amendments will amend multiple sections by (section references follow the revised organization): Eliminating duplicative code references Amend Section 38.270.070.C payment of cash in-lieu of capital facilities Amend Section 38.210.010 the duties of Administrative Design Review (ADR) Amend Section 38.220 submittal materials and requirements for subdivision and site plan applications Amend Section 38.220 supplementary documents Amend Section 38.230.040 Design Review Board (DRB) authority Amend Section 38.230.100 plan review criteria Add Section 38.230.120 to create Special Use Permit (SUP) procedures and criteria Add Section 38.230.130 to create the community design framework master plan Add Section 38.250.060 to create departures for specific development standards Amend Section 38.270.090 refining development or authority for the maintenance of common areas and facilities developer or property owners’ association Amend and refine Section 38.300 purpose and intent of residential, commercial, industrial, and mixed use zoning districts Amend Section 38.300.050.C where district boundaries divide a lot or parcel into two or more districts Amend Table 38.300.100 to add a reference table showing permitted housing types within each zoning district Amend Section 38.310.020 classification of uses by refining evaluation criteria and authority Amend Tables 38.310.030, 38.310.040, 38.310.040.B, and 38.310.040.C, residential uses 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 25 of 27 Amend Section 38.320.020 form and intensity standards in residential districts Amend Tables 38.320.030, 38.320.040, and 38.320.050 for residential, mixed-use, and non-residential districts Amend Section 38.320.060 zone edge transitions Amend Section 38.330.010 UMU district special standards Amend Section 38.330.020 REMU district special standards Amend Section 38.340.E conformance with other applicable development standards Delete Section 38.340.200-280 Entryway Corridor Overly District Delete Section 340.400-470 Casino Overlay District Amend Section 38.350.050 Setback and height encroachment, limitations, and exceptions Amend Section 38.360.030 accessory buildings, uses and requirement standards and creating daylight plane provisions Amend Section 38.360.030.I to harmonize garage setbacks with previously approved text amendments Amend Section 38.360.040 accessory dwellings units reducing unit square footage in certain districts, allowing ADU’s on the ground floor when standards are met in certain districts and generally modifying standards Deleting Section 38.360.080 automobile washing establishments Deleting Section 389.360.090 cemeteries Amending Section 38.360.150 large-scale retail standards Deleting Section 38.360.180 manufactured home communities Amending Section 38.360.160 manufactured homes on individual lot standards Deleting Section 38.360.170 portable carry out food and beverage buildings Amend Section 38.360.210 single, two, and three-household dwellings residential garage intent and standards Amend Section 38.360.240 townhome and rowhouse dwelling to create building standards, garage standards, internal drive isle standards, and create usable open space requirements Amend Section 38.400.010 streets, general to include alleys Amend Section 38.400.090.C drive access requirements and standards Amend Table 38.400.090.C.3.a(4) maximum driveway widths for townhome or rowhouse dwellings Amend Section 38.400.100.A street vision triangles Amend Section 38.400.110 transportation pathways to modify and clarify standards and alternate easements 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 26 of 27 Amend Section 38.410.020 to include neighborhood centers are subject to block frontage standards Amend Section 38.410.030 adding courtyard access lots Amend Section 38.410.040 clarifying block standards Amend Section 38.420.020 parks and open space requirements Amend Section 38.420.030 to allow and establish standards for cash donation in-lieu of land dedication Amend Section 38.430.090 clarifying planned unit development standards Deleting Section 38.430.100 North 19th Avenue/West Oak Street entryway corridor Amend Section 38. 510 block frontage standards creating storefront, landscape, mixed, gateway, internal, other, and industrial frontage standards Amend Section 38. 520 to add site planning & design elements including the relationship to adjacent properties, non-motorized circulation & design, vehicular circulation & parking, internal open space, and service areas and mechanical equipment standards Amend Section 38. 530 to add building design elements including building character, building massing & articulation, building details, building materials, and blank wall treatment Amend Table 38.560.060 non-residential sign standards to include a maximum square footage for pole signs Amend Section 38.700.020 deleting animal hospital definition Amend Section 38.700.020 adding definition of articulation Amend Section 38.700.020 adding articulation interval Amend Section 38.700.020 deleting auto salvage yard definition Amend Section 38.700.020 deleting bar definition Amend Section 38.700.020 adding blank wall definition Amend Section 38.700.020 deleting convenience food restaurant Amend Section 38.700.020 refining definition of convenience use Amend Section 38.700.020 adding definition of cornice Amend Section 38.700.020 deleting date of submission definition Amend Section 38.700.020 adding departure definition Amend Section 38.700.020 adding façade definition Amend Section 38.700.020 deleting food processing facility Amend Section 38.700.020 deleting front line of building definition Amend Section 38.700.020 adding general service establishment definition Amend Section 38.700.020 adding heavy retail service establishment definition 15320, Staff Report for the Unified Development Code Update and Replacement Municipal Code Text Amendment Page 27 of 27 Amend Section 38.700.020 adding high visibility street corner definition Amend Section 38.700.020 deleting industry, heavy definition Amend Section 38.700.020 deleting industry, light definition Amend Section 38.700.020 defining level I, II, and II improvements Amend Section 38.700.020 defining live-work unit Amend Section 38.700.020 adding manufacturing, heavy definition Amend Section 38.700.020 manufacturing, light definition Amend Section 38.700.020 adding manufacturing, moderate definition Amend Section 38.700.020 adding pedestrian-orientated open space Amend Section 38.700.020 defining rowhouse Amend Section 38.700.020 defining rowhouse cluster Amend Section 38.700.020 refining definition of setback Amend Section 38.700.020 adding transom window definition Amend Section 38.700.020 adding trellis definition Amend Section 38.700.020 adding vertical building modulation Amend Section 38.700.020 refining warehouse definition Amend Section 38.700.020 refining yard definition And generally correct grammar, numbering corrections, active voice, etc.