HomeMy WebLinkAbout09-18-17 City Commission Packet Materials - A4. Ordinance 1976, B-2M Parking Mins and Maxes Page 1 of 16
Staff Report for the B-2M Parking Text Amendment
Public Hearing Dates: Zoning Commission public hearing is September 5, 2017 at 6 pm.
City Commission public hearing is September 18, 2017 at 6 pm.
Project Description: A revision to Section 38.25.040 of Chapter 38, BMC to set off street
parking requirements for the B-2M Zoning District.
Project Location: Applicable within the B-2M Zoning 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: August 18, 2017 (Updated September 8, 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 proposed zone text amendment (ZTA) creates new minimum parking requirements in the
B-2M (community business district – mixed) zoning district, a generally applicable zoning
district. The ZTA suspends these new minimum parking requirements in B-2M zoning where
it exists within the Midtown Urban Renewal District boundary.
• The proposed ZTA simplifies the designation of commercial uses in the B-2M zoning
district by collapsing a number of commercial uses into fewer categories using a
practice referred to as providing “blended rate” commercial parking minimums.
Blended rate commercial minimums make it easier to adaptively reuse commercial
buildings, as well as maintain a mix of commercial tenants over the life of a building.
• The minimum parking requirements for commercial uses defined in Table 38.25.040-
3 are set as the maximum for allowable parking in the B-2M zoning district.
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• The ZTA proposes new minimum bicycle parking requirements.
• The proposed ZTA allows off-site parking to be provided for commercial and
residential uses with 1000 feet of the proposed development.
• The ZTA removes the existing 3000 square foot commercial parking exemption for
storefront block frontage for all B-2M zoning.
• No reductions in required parking spaces may be taken for any development within
the B-2M zoning district, except pursuant to 38.25.050, Joint use of parking facilities.
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
buildings. These changes are 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 a 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 encourage investment and
redevelopment. Leland identified the City’s suburban parking “minimums” as a significant
factor in why urban density mixed use projects were not feasible on 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.
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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 ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A – AFFECTED ZONING AND GROWTH POLICY PROVISIONS .............. 9
APPENDIX B – POLICY BACKGROUND ......................................................................... 10
FISCAL EFFECTS ................................................................................................................. 12
ATTACHMENTS ................................................................................................................... 13
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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 September 5,
2017 and will forward a recommendation to the City Commission. The meeting will be held at
121 N. Rouse Avenue, Bozeman.
The City Commission will hold a public hearing on the text amendments on September 18, 2016.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m.
Previous Public Comment to the Zoning Commission:
On July 18, 2017, two members of the public provided comment to the Zoning Commission.
Kenny Straus of WWITT Partners commented as a proponent of the text amendment. Mr.
Strauss and his partners seek to open a Mellow Mushroom pizza restaurant at 720 W. Main St.
The current parking requirements would impede their partnership’s ability to open the restaurant
at this location in Midtown. Allan Kirk asked clarifying questions about the minimum and
maximum off-street parking requirements in the text amendment. At a public hearing before the
Zoning Commission on September 5, Chris Shaida, provided comment in support of eliminating
parking minimums in and throughout Bozeman.
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.
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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.
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
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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.
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
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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.
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
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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.
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,
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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
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.
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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”.
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
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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
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.
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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.
1. Ordinance 1976
2. Midtown Urban Renewal District and B-2M map
3. A1 Development Review Application Form
4. ZTA Zone Text Amendment Form
5. B-3 Zoning vs. B-2M Zoning as proposed parking requirement comparison
6. City Commission Minutes from May 1, 2017
LINKED ATTACHMENTS:
May 1, 2017 B-2M District Parking Policy Discussion Materials
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Table 38.25.040-4 (Existing minimum parking requirements for commercial uses. These
numbers serve as the maximum allowable parking in the proposed new parking requirements for
B-2M.)
Table 38.25.040-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus 1
space per 20 outdoor vehicle display spaces
Automobile service and/or
repair station 2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus
stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial
institutions 1 space per 300 square feet of floor area
Bowling alley 2 spaces per alley; plus 2 spaces per billiard table; plus
Church
1 space per six persons of maximum occupancy load (as
identified in the International Building Code) for main
assembly hall, public assembly areas and classrooms
Community or recreation
center 1 space per 200 square feet of floor area
Community residential
facility with more than 9
residents or age restricted
housing
1 space per unit
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Health and exercise
establishment
1 space per 200 square feet of floor area; plus 3 spaces per
court
Day care centers 1 space per staff member plus 1 space per 15 children
permitted
Furniture stores over
20,000 square feet 3 spaces per 1,000 square feet of floor area
Golf courses
1 space per 200 square feet of main building floor area; plus
1 space for every 2 practice tees in driving range; plus 4
spaces per each green in the playing area
Hospitals 1 space per bed.
Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus
1 space for each full-time equivalent employee
Manufacturing and
industrial uses
1 space per 1,000 square feet of floor area, plus 1 space per
2 employees on maximum working shift
Motels, Hotels
1.1 spaces per each guest room; plus 1 space per employee
on maximum shift; plus spaces for accessory uses as
follows:
Restaurants, bars, dining
rooms
1 space per 60 square feet of indoor public serving area;
plus 1 space per 120 square feet of outdoor (patio) area
Commercial area 1 space per each 400 square feet of floor area
Public assembly areas
1 space for each 5 seats based upon design capacity, except
that total off-street parking for public assembly may be
reduced by 1 space for every 4 guest rooms
Nursing homes, rest
homes or similar uses
4 spaces; plus 1 space for each 3 beds; plus 1 space for each
employee on maximum shift
Offices (except medical
and dental) 1 space per 250 square feet of floor area
Outdoor sales (plant
nurseries, building
materials, equipment
rental and similar)
1 space per 500 square feet of sales and/or display area. The
size of the sales and/or display area shall be determined on a
case-by-case basis.
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Restaurants, cafes, bars
and similar uses
1 space per 50 square feet of indoor public serving area;
plus 1 space per 100 square feet of outdoor (patio) area
Retail store and service
establishments 1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1
space per employee
Schools
Elementary and/or
junior high
1.5 spaces for each classroom, library, lecture hall and
cafeteria; plus 1 space for each 3 fixed seats in the area of
public assembly, or 1 space for each 25 square feet of area
available for public assembly if fixed seats are not provided
Senior high
1.5 spaces for each classroom or lecture hall; plus 1 space
per each 5 students; plus 1 space for each nonteaching
employee; plus 1 space per each 3 fixed seats in the area of
public assembly, or 1 space per 25 square feet of area
available for public assembly if fixed seats are not provided
Business or similar
school 1 space for each 1.5 students
Theater, auditorium or
similar
1 space per 4 seats based upon place of assembly design
capacity
Warehousing, storage or
handling of bulk goods
1 space per 1,000 square feet of floor area devoted to
storage of goods; plus appropriate spaces to support
accessory office or retail sales facilities at 1 space per 350
square feet of floor area
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ORDINANCE NO. 1976
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT CODE, SECTION
38.25.040 TO SET MINIMUM OFF-STREET PARKING REQUIREMENTS FOR THE B-
2M DISTRICT.
WHEREAS, the City is authorized by the City Charter and Montana law to adopt zoning
regulations and provide for the enforcement and administration of zoning regulations to Section
76-2-304, MCA to protect public health, safety and welfare; and
WHEREAS, the City amends zoning regulations from time to time to respond to changes
in state law and changing community needs and to further the growth policy goals and objectives.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The City relies upon the standards and definitions within the unified development code
(UDC), Chapter 38, BMC to enable the development of the City in a manner which avoids
conflicts between land uses, provides efficient delivery of services, enables public notice
of and comment on development which may affect residents and land owners, and provides
predictability in government actions.
2. The City relies on zoning regulations to implement the growth policy and adopted plans.
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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3. The UDC is revised as needed to insure an efficient use of infrastructure and the public
good.
4. The community need for a particular regulation will vary over time, and therefore it is
appropriate to reevaluate the adopted standards from time to time.
5. The City created the B-2M zoning designation during the first phase of the update of the
UDC in April 2016.
6. The standards of the B-2M zoning district allow new buildings to be built closer to the
street, encourage ground floor commercial, and require parking to be located on the side or
at the rear of structures.
7. The Bozeman Community Plan (growth policy) identifies goals and objectives that further
urban renewal and economic stability for the prevention and elimination of blight.
8. The City Commission, pursuant to Resolution 3839, found that blighted areas exist within
the North Seventh Avenue Corridor in Bozeman and that “the rehabilitation,
redevelopment, or a combination thereof of such area or areas is necessary in the interest
of the public health, safety, morals, or welfare of the residents of such municipality.”
9. Land Use Objective LU-2.3 of the growth policy encourages redevelopment and
intensification, especially with mixed uses, of brownfields and underutilized property
within the City consistent with the City’s adopted standards.
10. Land Use Objective LU-4.4 of the growth policy encourages the review and revision of
City regulations to encourage and support sustainability in new construction and
rehabilitation or redevelopment of existing areas.
11. Community Quality Objective C-2.5 of the growth policy encourages innovative parking
solutions for both residential and commercial projects, including parking best practices.
12. Reducing parking minimums promotes community goals of decreasing housing costs,
encouraging infill development, and reutilizing older buildings because 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.
Donald Shoup, “Cutting the Cost of Parking Requirements”, ACCESS Magazine (Spring
2016).
13. Reducing minimum parking requirements assists the Midtown Urban Renewal District in
achieving the goals outlined in the 2015 Midtown Urban Renewal Plan (Midtown Urban
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
Page 3 of 8
Renewal Plan) by… “promoting human scale urban design and supporting urban density
mixed land uses.”
14. Addressing Growth and Change Objective G-1.3 of the growth policy requires
“development to mitigate its impacts on our community as identified and supported by
evidence during development review, including economic, health, environmental, and
social impacts.”
15. A study of parking in the Midtown Urban Renewal District by Leland Consulting Group
and Rick Williams Consulting found an oversupply of parking during peak utilization,
which provides ample opportunity for shared parking, the use of existing unused parking
resources, and other innovative parking solutions to mitigate the parking related impacts
of new development in the Midtown Urban Renewal District. One of the five goals of the
Midtown Urban Renewal Plan is improving multi-modal transportation. The Midtown
Urban Renewal District has dedicated funding for the construction of shared paths, new
sidewalks and enhanced pedestrian crossings. These improvements reduce dependency on
motorized vehicles and demand for parking.
16. Reducing minimum parking requirements encourages development projects to provide
parking based on projected demand, while allowing for shared parking arrangements and
other market-based solutions.
17. Reducing minimum parking requirements may encourage the private sector to work
cooperatively with the City to consolidate parking in strategically located larger lots and
parking structures, which increases the efficient provision of parking and decrease vehicle
trips, while making the area more pedestrian oriented.
18. The proposed text amendments are consistent with the intent and purpose of Chapter 38,
BMC as set forth in Section 38.01.040.
Section 2
That Section 38.25.040.A of the Bozeman Municipal Code be amended as follows:
1. Residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.25.040-1
shall be provided subject to the adjustments allowed in this subsection 1. …
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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Table 38.25.040-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5 and B-2M districts)
One-bedroom 1.5 (1.25 in R-5 and B-2M districts)
Two-bedroom 2 (1.75 in R-5 and B-2M districts)
Three-bedroom 3 (2.5 in R-5 and B-2M districts)
Dwellings with more than three
bedrooms
4 (3 in R-5 and B-2M districts)
Group homes and community
residential facilities
0.75 spaces per person of approved capacity 1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3
district
1
Group living /cooperative
household/fraternity/sorority
1 space per resident 1
2. Nonresidential uses.
. . .
c. Adjustments to minimum requirements.
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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(7) In the B-2M district, one parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking directly adjacent to a lot may be deducted from the total
parking spaces required for a development. For developments with both residential and non-
residential uses, such parking may only be used to meet the parking requirements for the use closest
to the subject parking spaces. The width of drive accesses, designated non-parking areas, vision
triangles, and similar circumstances cannot be considered when calculating the required number
of on-street parking spaces.
. . .
6. B-2M district
a. Minimum requirements. The number of spaces shown in Table 38.25.040-7 shall
be provided subject to the adjustments and exceptions allowed in this subsection
b. Maximum parking. Provision of parking spaces in excess of the minimum number
of spaces required in Table 38.25.040-3 is not permitted.
Table 38.25.040-7
Use Minimum Parking Spaces
Required
Minimum Bicycle Parking Spaces
Required
Residential 1 per unit 1 per unit
Commercial 2 per 1,000 square feet of
gross floor area
1 per 1,000 square feet of gross
floor area
Restaurant (stand-alone) 5 per 1,000 square feet of
gross floor area
5 per 1,000 square feet of gross
floor area
Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment
Center
5 per 1,000 square feet of
gross floor area
5 per 1,000 square feet of gross
floor area
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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Manufacturing 2 per 1,000 square feet of
gross floor area
2 per 5,000 square feet of gross
floor area
c. Adjustments to minimum requirements. No reductions in required parking spaces may
be taken for any development within the B-2M zoning district, except pursuant to
38.25.050, Joint use of parking facilities.
d. Requirements within an the Midtown urban renewal district in the B-2M zoning
district. The minimum parking requirements of this section do not apply within the
Midtown Urban Renewal District the boundary of which is described in the Midtown
Urban Renewal Plan adopted pursuant to Ordinance 1925 and incorporated herein.
All other requirements of this section, including bicycle parking, maximum parking
and standards when parking is provided, are applicable.
e. Off-site parking. Any off-site parking used to meet the requirements of this
chapter for development in the B-2M zoning district must comply with
38.25.060, except that off-site parking for multiple household dwellings may not
be located more than 1,000 feet from any commonly used entrance of the
principle use served.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 1976, Amending the Unified Development Code for B-2M District Parking Standards
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 18th day of September, 2017.
____________________________________ CARSON TAYLOR Mayor
ATTEST:
_______________________________ ROBIN CROUGH City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2017. The effective date of this ordinance is __________ __, 2017.
_________________________________ CARSON TAYLOR Mayor
ATTEST:
_______________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
95
B2-M Zoning District and Midtown Urban Renewal District Boundary
Legend
B-2M Zoning: orange shading
Midtown Urban Renewal District: blue outline
96
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
97
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
98
Development Review Application A1 Page 3 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
B. Application materials shall be submitted for each application as shown in the specific guidance
and checklists that is provided for each application type. A common development review application
form and common notice materials may be provided for an application that includes more than one
application type. All other application materials shall be submitted for each individual application
type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for
all application types before the submittal will be accepted. The only exception to this is an informal
review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is further
indicated that any work undertaken to complete a development approved by the City of Bozeman
shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee
Program and impact fees may be assessed for my project. Further, I agree to grant City personnel
and other review agency representative’s access to the subject site during the course of the review
process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make necessary
corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction
not in compliance with the approved final plan may result in delays of occupancy or costs to correct
noncompliance.
Applicant
Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of the
corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
99
ZTA
Zone Text Amendment Required Materials ZTA Page 1 of 2 Revision Date 1-05-16
Required Forms: A1 Recommended Forms: Required Forms:
ZONE TEXT AMENDMENT REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This application is for a text amendment to the Unified Development Code, Chapter 38, BMC only.
Complete and signed development review application form A1
Materials to include all items required in the zone text a mendment checklist below.
2 digital versions of all materials (JPEG or PDF) on separate CD -ROMs or USB drive. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
APPLICATION FEE
Base fee: $1,662
ZONE MAP AMENDMENT CHECKLIST
1. A thorough project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional
area?
2. If the text change is proposed to Chapter 38, BMC subdivision regulations an addendum to the
project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
a. Will the amendment provide for the orderly development of the jurisdictional area? How?
b. Will the amendment provide for the coordination of roads within subdivided land with other
roads, both existing and planned? How?
c. Will the amendment provide for the dedication of land for roadways and for public utility
easements? How?
d. Will the amendment provide for the improvement of roads? How?
e. Will the amendment provide for adequate open spaces for travel, light, air and recreation? How?
f. Will the amendment provide for adequate transportation, water and drainage? How?
g. Will the amendment provide for the regulation of sanitary facilities? How?
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Zone Text Amendment Required Materials ZTA Page 2 of 2 Revision Date 1-05-16
Required Forms: A1 Recommended Forms: Required Forms:
h. Will the amendment provide for the avoidance or minimization of congestion? How?
i. Will the amendment provide for the avoidance of subdivision which would involve unnecessary
environmental degradation and the avoidance of danger of injury to health, safety or welfare by
reason of natural 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? How?
3. Provide language to be removed from the Unified Development Code in strikeout format on the
original pages if proposed, Provide new text and location to be inserted into the Unified Development
Code.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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B-2M Parking ZTA Application Page 1
B-2M PARKING TEXT AMENDMENT
PROJECT NARRATIVE
June 2017
Summary
This Zone Text Amendment (ZTA) proposed to change a section of the Parking Chapter of the
Unified Development Code related to minimum off-street parking requirements within the B-2M
District. It would reduce the minimum number of parking spaces required for development projects
within the B-2M Districts. Additionally, the ZTA proposes that within the Midtown Urban Renewal
District, minimum parking requirements do not apply.
Specifically, the proposed change would apply to Section 38.25.040.A, including Table 38.25.040-1
and create new standards specific to the B-2M District by adding Section 38.25.040.A.6 and Table
38.25.040-7.
The applicant, City of Bozeman Economic Development, held a policy discussion with the
Bozeman City Commission on May 1, 2017. The Commission directed staff to prepare a text change
that would reduce the required off-street parking spaces within the B-2M District. The information
prepared for that policy discussion, as well as the minutes from the Commission meeting, is included
with this application.
ZTA Checklist Responses
1. A thorough project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
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.
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 N 7th corridor is a prime location for infill development to reduce demand on the
transportation network by creating housing and employment in the center of the city. There is existing residential development and commercial activities nearby. Encouraging the
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B-2M Parking ZTA Application Page 2
development of infill and redevelopment of property will improve the efficiency of public
services and reduce outward expansion of City. Reducing the amount of on-site parking will
improve efficiency in the use of land and encourage more dense development.
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.
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.
The proposed amendments will encourage infill development by allowing a greater
percentage of the lot area to be developed, while encouraging
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.
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.
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B-2M Parking ZTA Application Page 3
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.
b. Will the new zoning secure safety from fire and other dangers? How?
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. Will the new zoning promote public health, public safety and general welfare? How?
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.
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements? How?
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. Will the new zoning provide reasonable provision of adequate light and air? How?
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. Will the new zoning have an effect on motorize and non-motorized transportation
systems? How?
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. Does the new zoning promote compatible urban growth? How?
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B-2M Parking ZTA Application Page 4
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. Does the new zoning promote the character of the district? How?
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. Does the new zoning address the affected area’s peculiar suitability for particular
uses? How?
Neutral. The proposed amendments do not make material changes to land uses. No new
types of uses B-2M District are being proposed.
j. Was the new zoning adopted with a view to conserving the values of buildings?
How?
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. Does the new zoning 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.
2. If the text change is proposed to Chapter 38, BMC subdivision regulations an addendum
to the project narrative including a detailed response to the following:
N/A. The proposed text amendment does not include changes to the subdivision regulations.
3. Provide language to be removed from the Unified Development Code in strikeout format
on the original pages if proposed. Provide new text and location to be inserted into the
Unified Development Code.
See attached document which includes the strikeout format and proposed new text.
105
Reductions Available in B-3 Zoning for Non Residential Uses
38.25.040.
_____
c. Adjustments to minimum requirements. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Use of this section shall not be considered as joint use of parking or off-site parking regulated by sections 38.25.050 and 38.25.060 nor shall the use of this section preclude the use of other sections of this chapter which may have the effect of reducing the required amount of on-site parking. More than one adjustment may apply. Multiple adjustments are added together to modify the minimum required parking from Table 38.25.040-3 in a single operation. Multiple adjustments are not applied sequentially.
(1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small scale Community Commercial Mixed Use growth policy designation or the B-3 zoning district, the parking requirements for nonresidential uses may be reduced.
Table 38.25.040-4
Use Allowable
Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All others 30 percent
…
(3) Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week.
(4) Structured parking. An additional 15 percent reduction may be taken when the site is within 800 feet of a parking structure of at least 200 spaces, which is available to the general public, and for which a fee for parking is charged.
(5) The first 3,000 gross square feet of a nonresidential building within the B-3 district or adjacent to designated Storefront block frontage per section 38.44.010 is not included in the calculation of required parking.
(6) Property owners have the option of requesting the reduction of up to ten percent of the required parking spaces for nonresidential uses if:
a. In addition to the minimum otherwise required by this chapter, two covered bicycle parking spaces are provided for each automobile space not provided; and
b. For each ten or fraction of ten automobile parking stalls reduced a nonresidential shower, changing area, and five clothing lockers are provided on-site.
106
Minimum Required Parking for B-3 Zoning, as compared to B-2M Zoning as proposed by Ordinance 1976, for Non-
Residential Uses as proposed for 1000 sq ft of building with reductions taken from Table 38.25.040-4 (without the
3000 ft exemption for B-3)
Use B-3
Minimum
Parking
B-3 Parking
with
Reduction
B-3
Reduced
Parking plus
Transit
Reduction
B-3
Reduced
Parking
plus Transit
and Public
Parking
Parking
Reductions
B-3 Reduced
Parking plus,
Transit,
Public
Parking , and
Covered Bike
Parking
Parking
Reductions (include 2
covered bike
spaces,
shower and
5 lockers)
B-2M
Minimum
Parking
as Proposed
B-2M in
the
Midtown
Urban
Renewal
District
as
Proposed
Retail 3.3 1.98 (40%) 1.65 (50%) 1.16 (65%) 0.83 (75%) 2 No
minimum
Restaurant 16.7 8.35 (50%) 6.68 (60%) 4.175 (75%) 2.51 (85%) 5 No
minimum
Office 4 3.2 (20%) 2.8 (30%) 2 (45%) 1.8 (55%) 2 No
minimum
All Others n/a 10%
reduction
allowed
additional
10%
reduction
allowed
additional
15%
reduction
allowed
additional
10%
reduction
allowed
2 No
Minimum
107
108
109
110
111
112
113
114
115