HomeMy WebLinkAbout10-02-17 City Commission Packet Materials - C7. Ordinance 1971 Final, Reaffirming 4B, NCOD1
REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Final Adoption of Ordinance 1981, affirming and readopting Resolution 4598, as amended by Resolution 4623, which added Subchapter 4B (design guidelines for commercial development within the neighborhood conservation overlay district, specifically the B-3 “halo”) into the Design Guidelines for the Neighborhood
Conservation Overlay District.
MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission grant final adoption to Ordinance 1981, affirming and readopting Resolution 4598, as amended by Resolution 4623, which added Subchapter 4B (design guidelines for commercial development within the neighborhood conservation overlay district, specifically the B-3 “halo”) into the Design Guidelines for the Neighborhood Conservation Overlay
District.
BACKGROUND: On August 14, 2017, the City Commission directed staff to advertise and review a proposed ordinance to affirm and readopt Resolution 4598, as amended by Resolution 4623, which added Subchapter 4B (design guidelines for commercial development within the neighborhood conservation overlay district, specifically the B-3 “halo”) into the Design Guidelines for the
Neighborhood Conservation Overlay District. The action was item I.1 on the August 14, 2017 agenda.
Public notices were published in the Bozeman Daily Chronicle on August 20th, August 27th, and September 3, 2017. The notices advertised public hearings before the Zoning Commission on September 5, 2017 and the City Commission on September 18, 2017. In addition, the Historic Preservation Advisory Board considered the item on September 12, 2017 as an action item at their public meeting. The Design Review Board considered the item on September 13, 2017 as an action item at their public
meeting. Agendas for all hearings and meetings were posted and published at least 48 hours before the meeting began. Recordings, minutes, or meeting summaries of all actions prior to the City Commission were provided to the City Commission for their consideration. All written public comments received prior to the City Commission were provided to the City Commission for their consideration.
On September 18, 2017, the City Commission conducted their public hearing. Public comment was
received and considered. After deliberation, the City Commission voted unanimously to provisionally adopt Ordinance 1981.
Commission Memorandum
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A final version of the ordinance has been prepared and is attached to this memo. The Ordinance exhibit
includes typographical corrections to remove a duplicate period at the end of a sentence, make the formatting of top level headings consistent, remove an unused bullet, and correct the heading title for Building Quality to use a letter rather than a number consistent with other headings. A revised map was included with the introduction to reflect zone map amendments revising the B-3 zoning district boundary adopted since the initial review of Subchapter 4B in 2015.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Ordinance 1981 as presented and recommended. 2) As determined by the City Commission
FISCAL EFFECTS: None Attachments: Ordinance 1981 Ordinance 1981 Exhibit
Report compiled on September 20, 2017
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Page 1 of 4
ORDINANCE NO. 1981
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AFFIRMING AND READOPTING SUBCHAPTER 4B OF THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGN GUIDELINES
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Subchapter 4B of the Neighborhood Conservation Overlay District (NCOD)
Design Guidelines was adopted by City Commission Resolution 4598 on May 18, 2015, and
revised by City Commission Resolution 4623 on July 13, 2015; and
WHEREAS, questions have arisen regarding the process followed in May of 2015 to
provide notice to the public of the adoption of Resolution 4598;
WHEREAS, on August 14, 2017 the City Commission voted to direct the City Manager
to commence a process to present to the City Commission for its consideration a resolution or
ordinance affirming and readopting the inclusion of Subchapter 4B (Guidelines for the B3
Commercial Character Area) into the NCOD Design Guidelines; and
WHEREAS, the Zoning Commission held a public hearing on the proposal to affirm and
readopt Subchapter 4B on September 5, 2017 and forwarded a recommendation of approval to the
City Commission; and
WHEREAS, the Historic Preservation Advisory Board held a public meeting on the
proposal on September 12, 2017 and does not recommend affirmation and readoption of
Subchapter 4B; and
WHEREAS, it is in the interests of the city and public welfare to establish sensible, fixed,
uniform and objective development sandards, criteria and guidelines.
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Ordinance 1981, Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines
Page 2 of 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative findings:
1. The City must evaluate development proposals pursuant to established, sensible, fixed,
uniform and objective standards, criteria and guidelines.
2. For purposes of certificates of appropriateness, these standards, criteria, and guidelines are
established at 38.16.050.A-C, BMC.
3. In determining whether these regulatory criteria are met, the City is guided by design
guidelines to evaluate the design of a project in relation to the established regulatory
criteria.
4. Subchapter 4B of the NCOD Design Guidelines when reviewed against the statutory
zoning criteria in 76-2-304, MCA supports the zoning regulations for issuance of a
certificate of appropriateness.
5. The City Commission adopts the findings in the staff report for application 17399.
Section 2
Subchapter 4B of the NCOD Design Guidelines, attached hereto as Exhibit A, is hereby
affirmed and readopted.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Ordinance 1981, Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines
Page 3 of 4
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 7
Effective Date.
This ordinance shall be in full force and effect on thirty (30) days after final adoption.
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Ordinance 1981, Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines
Page 4 of 4
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 2nd of
October 2017. The effective date of this ordinance is November 1, 2017.
_________________________________ CARSON TAYLOR Mayor
ATTEST:
_______________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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Exhibit A – Ordinance 1981 TYPE OF WORK CHAPTER TO USE
Introduction Chapter 1. Rehabilitation Guidelines for Chapter 2. Design Guidelines for all Properties Chapter 3. Guidelines for Residential Areas Chapter 4. Guidelines for Commercial Areas Chapter 5. District Specific Descriptions and Guidelines Appendix 1. Alteration of a “contributing property” in an Historic District
If Residential
If Commercial
2. Work on a “non- contributing” property in an Historic District
If Residential
If Commercial
3. Work on an “individually listed National Register Property” in the Neighborhood Conservation Overlay District
If Residential
If Commercial
4. Work on a “historically significant property” in the Neighborhood Conservation Overlay District, but outside of an Historic District
If Residential
If Commercial
5. Work on a “non- historically
significant” property in the Neighborhood Conservation Overlay District but outside of an Historic District
If Residential
If Commercial
I
6. New infill and construction in the Neighborhood Conservation Overlay District, but outside an Historic District
If Residential Zone District
If Commercial Zone District
7. New infill and construction in An Historic District*
If Residential
If Commercial
Note: A blank box indicates that the chapter does not apply.
*Chapter 2, Chapter 3 and Chapter 4 guidelines will be applied more rigorously on projects in these districts.
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NCOD Design Guidelines, Chapter 4-B
SUBCHAPTER 4-B
GUIDELINES FOR THE
B-3 COMMERCIAL CHARACTER AREA
Downtown Bozeman should be the location of buildings of greatest height and intensity in the
community. The following guidelines apply to properties zoned B-3 (Central Business District) that
serves as a transition between the Main Street Historic District and residentially zoned
neighborhoods. Underdevelopment of this transitional zone is a major concern. The downtown
district is planned for continued intensification over time with building additions as well as new
construction replacing dilapidated and underutilized older structures on underdeveloped properties.
Housing–for all income levels–should be encouraged by a variety of methods to support the
continued economic vitality of the Downtown Bozeman business district, which is broadly
recognized as one of Bozeman’s strongest assets.
This chapter contains guidelines for new commercial, residential and mixed use development
located within B-3 zoned areas outside of the defined Main Street Historic District, as shown in
Figure 1.1. Note that buildings individually listed on the National Register of Historic Places or within
designated historic districts are subject to chapters one, two and four, but not this subchapter.
Figure 1.1 B-3 District surrounding the Main Street Historic District
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NCOD Design Guidelines, Chapter 4-B
In this Subchapter: A. Mass and Scale G. Street Patterns
B. Building Quality H. Landscape Design
C. Building Roof Form I. Site Lighting
D. Site Design J. Utilities and Service Areas
E. Parking Facilities K. Site Furniture
F. Signs
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NCOD Design Guidelines, Chapter 4-B
A. Mass and Scale
Policy: The scale and character of the Main Street Historic District should be protected. The area
covered under this subchapter, should be able to accommodate compatible contemporary
development of greater height and density. Varied mass and scale along a streetscape and block is
inevitable and can contribute to a more interesting urban pattern that continues to evolve over
time.
1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
• Floor area ratio for any new construction project shall be a minimum of 1.0 FAR. Lower
FAR ratios are acceptable with renovation or remodeling of existing structures.
• Floor-to-floor heights for commercial and mixed use buildings shall be designed to
accommodate a variety of current and future uses. The first floor level of new
commercial and mixed use buildings shall maintain a minimum floor-to-floor height
of 15 feet.
• Buildings with 100 percent residential uses are exempt from the 15 foot floor-to-floor
height requirement but are encouraged to consider taller first floors to provide
flexibility for a variety of uses over time.
2. Innovative development and diversity of design is encouraged.
• Buildings and streetscapes should be of high quality and reflect a variety of
architectural styles.
• Decorative architectural adornment or other architectural patterns that convey a false
sense of historic period are discouraged.
• Buildings and additions should undergo a critical and rigorous design process by
design professionals that includes an emphasis on best practice designs to address
sustainable development.
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NCOD Design Guidelines, Chapter 4-B
• Innovative use of varied materials is encouraged.
3. A new building should exhibit clear order and comprehensive composition on all
elevations.
• Entire facades of a single surface are discouraged. A combination of materials and
articulation of building elements shall be expressed in the proposed architectural
character.
• Layering of design elements is encouraged.
• A clear narrative of the design process and intent and compliance with these
guidelines shall be included in the application. The narrative shall address these
guidelines and may propose alternative method(s) of compliance that clearly meet
the intent of these guidelines. Alternate proposals may be approved by the Director
of Community Development.
•
4. Building interface with residential zone properties.
• Building facades along alleys shall incorporate a variety of materials and incorporate
elements, including windows, to provide visual interest to minimize the massing and
scale of the building.
• Building sites that abut or are across an alley from a residential zone district shall be
sensitive to the interface where the properties meet by meeting the required
setback from the residentially zoned property and providing a transition zone.
o Along the interior side or rear property line, commencing at a vertical height
of 44 feet the building shall step back at an angle no greater than 45 degrees.
o Commercial zoned properties that abut residential zoned properties shall be
exempt from the step back and height transition zone requirements if: the
commercial and residential zoned lots are under unified ownership and are
being developed under a master site plan.
• Primary entries to buildings shall be clearly identifiable from the street.
• Large expanses of glass as a building façade treatment is discouraged.
B. Building Quality Policy: New buildings shall be designed to a high level of permanence and quality.
1. New buildings shall be designed to the level of permanence and quality appropriate for
Downtown Bozeman.
2. Sustainable methods and techniques shall be applied to building design but also integrated
with site layout and infrastructure design.
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NCOD Design Guidelines, Chapter 4-B
C. Building Roof Form Policy: Roof forms should be primarily flat roofs with other roof forms that fit to the architectural
character of the application.
1. Use flat roof lines as the primary roof form.
• Rooftop balconies and decks are encouraged.
• Green roofs are encouraged.
• Mechanical equipment should be located on the roof when feasible. Solar applications
are encouraged to screen other mechanical equipment.
2. The use of other roof forms.
• Depending on the architectural style and site context, a variety of other roof forms may
also be appropriate.
D. Site Design Policy: All sites in downtown should be designed to make the experience of pedestrians and
bicyclists safe, comfortable and visually appealing.
1. Create strong connections between downtown’s sub-districts, and between downtown and
the surrounding neighborhoods.
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NCOD Design Guidelines, Chapter 4-B
• Place the facade of the building at the minimum front setback line except when
creating a public space.
• Commercial building facades along secondary (local) streets shall enhance the
pedestrian experience by providing street level facades with a minimum of 50%
transparent windows.
2. Public spaces should be made active through programming or utilizing opportunities with
adjacent uses that promote vitality and safety.
E. Parking Facilities Policy: Minimize the visual impacts of parking.
1. Enclosed parking, integrated into individual new buildings as well as additions (if feasible), is
preferred whenever possible to surface parking lots.
• Considerations should be given to both on-grade or subgrade options.
2. Shared parking structures are preferred to surface parking lots. A parking structure should
be designed so that it creates a visually attractive and active street edge.
• A parking structure in the area should enhance the streetscape by being
wrapped with commercial uses or another active use along the street edge to
separate the facility from the street and to add activity to the street.
• Other methods of accomplishing this include, but are not limited to
- Murals or public art
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NCOD Design Guidelines, Chapter 4-B
- Landscaping and urban plazas
3. For residential projects, enclosed parking is preferred to surface parking lots.
• If individual enclosed parking is provided, consider locating it in a garage accessed
internally or from an alley, when feasible.
• Locating enclosed parking on the front facade of a multi-household building is
inappropriate. Doing so may increase the perceived mass and scale of the structure
as a whole.
F. Signs
Policy: All signs should be designed to fit the overall context of the building and the district.
1. Commercial and Mixed Use projects should include a variety of creative and clear signage.
• Wall-mounted and projecting signs, as well as canopy and awning signs in some
circumstances are preferred.
• Directory signs support a pedestrian scale and are strongly encouraged where
appropriate.
• Artful, whimsical and creative signage is encouraged. A comprehensive sign plan may
be required; however, it is not intended to promote monotony.
2. Residential projects are encouraged to include building identification signage to add to
Bozeman’s overall sense of place.
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NCOD Design Guidelines, Chapter 4-B
• Wall-mounted signage is most appropriate.
• Artful, whimsical and creative signage is encouraged.
3. All signs should be developed with the overall context of the building and the area in mind. The
placement or location of a sign is a critical factor in maintaining the order and integrity of a
building. Consistent placement of signs according to building type, size, location and even building
materials creates a visual pattern that enhances the streetscape experience.
a. A flush-mounted or letter sign should be subordinate to the overall building composition.
• A sign should appear in scale with the facade.
• Locate a sign on a building such that it will emphasize design elements of the facade itself.
• Mount a sign to fit within existing architectural features.
• Use the shape of the sign to help reinforce the design elements of the building.
b. A window sign may be considered.
• A window sign may be painted on the glass or hung just inside a window.
c. A projecting sign, which projects from the building front, may be considered.
• A small hanging sign is easier for a pedestrian to read than other sign types and is
encouraged.
• A small hanging sign should be located near the entrance, just above the door or to the
side of it.
• A hanging sign should be mounted perpendicular with the building facade.
• A hanging sign should provide clearance between the sidewalk surface and the bottom of
the sign.
d. Awning and canopy signs may be considered.
• Consider a canopy or awning sign where a flush-mounted sign would obscure
architectural details.
e. A directory sign may be considered.
• Where several businesses share a building, coordinate the signs. Align several smaller
signs, or group them into a single panel as a directory.
• Use similar forms or backgrounds for the signs to tie them together visually and make
them easier to read.
f. A pole mounted or monument sign may be considered.
• A freestanding sign may be used in areas where buildings are primarily set back from the
street edge. For example, a freestanding sign may be used in the front yard of a residence
with an accessory commercial use.
• A monument sign may be used in areas where buildings are primarily set back from the
street edge.
g. Using a symbol for a sign is encouraged.
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NCOD Design Guidelines, Chapter 4-B
• A symbol sign adds interest to the street, can be read quickly and is remembered better
than written words.
G. Street Patterns
Policy: Historic settlement patterns seen in street and alley plans often contribute to the distinct
character of the downtown and therefore they should be preserved. These street plans influence
the manner in which primary structures are sited and they also shape the manner in which
landscape features may occur on the site.
Alleys
Policy: Alleys accommodate service functions and provide pedestrian connections and secondary vehicle
access. All alleys contribute to the character of the district.
1. The traditional scale and width of alleys should be continued.
Maintain the traditional character and scale of an alley by locating buildings and fences along
the alley edges to maintain the alley edge.
Streetscape
Policy: Maintain the character of the streetscape. This includes a rich collection of varying street designs,
sidewalk types and street trees.
Guidelines:
1. Maintain the variety of street paving designs.
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NCOD Design Guidelines, Chapter 4-B
2. Consider utilizing the variety of sidewalk designs.
• Where a detached (sidewalks separated from the street by a strip of grass) sidewalk exists, it
should be preserved.
• Where no sidewalk exists a new sidewalk is required; it should be constructed to be in
character with the traditional sidewalks in the neighborhood.
2. Use of planting strips is encouraged.
• Planting strips should act as a transition between public and semipublic spaces.
• Where planting strips between the curb and sidewalk exist they should be
maintained.
• If new detached sidewalks are installed new planting strips should be provided.
3. Continue the pattern of street trees in a block. Because street trees serve various aesthetic and
practical functions, they should be maintained.
• Existing street trees should be preserved, when feasible.
• If a new detached sidewalk is to be created, street trees should be an accompanying
feature.
• If a new sidewalk is to be installed, it should detour around mature street trees, when
feasible.
• When an existing street tree dies, it should be replaced.
• Any new developments should include street trees.
• The historic urban design character for street tree placement should be considered when
enforcing city street standards.
H. Landscape Design
Policy:
Landscaping enhances the built environment. Plant beds near and around building foundations and along
walkways are encouraged. Some sites may containing plantings that have historic significance and should
be retained, to the extent feasible. Some mature trees may also contribute to the historic landscape and
should be preserved.
Guidelines:
1. Preserve and maintain mature trees and significant vegetation that are a direct enhancement of the
pedestrian streetscape environment.
• Include existing vegetation as a part of a landscape design scheme where appropriate.
• In re-development areas, retention of healthy trees and vegetation clusters should be
given consideration for retention to the maximum extent possible, especially mature
trees, 6” or greater in diameter, and to vegetation clusters with significant visual impact.
I. Utilities and Service Areas
Policy: Service areas should be visually unobtrusive and should be integrated with the design of the site
and the building.
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NCOD Design Guidelines, Chapter 4-B
Guidelines:
1. Orient service entrances, waste disposal areas and other similar uses toward service lanes and away
from major streets.
• Screen service entrances with walls, fences or plantings.
• When it will be visible from a public way, a service area screen should be in character with the
building and site it serves.
• Areas for outdoor storage, truck parking, trash collection or compaction loading, or other such uses
shall be located so as not to be visible from abutting streets.
2. Position service areas to minimize conflicts with other abutting uses.
• Minimize noise impacts by locating sources of offensive sounds away from other uses.
• Use an alley system to locate service areas, when feasible.
J. Site Furniture
Policy: Site furnishings, including bicycle racks, waste receptacles and light standards, are features of
contemporary life in Bozeman. Few of these elements appeared historically in the community and it is important
that the character of these elements not impede one’s ability to interpret the historic character of the area.
Guidelines:
1. Site furniture should be simple in character.
• Avoid any highly ornate design that would misrepresent the history of the area.
• Benches, bike racks and trash receptacles are examples of site furnishings that may be considered.
• In public open spaces within a project, trash and recycling receptacles should be placed near
seating areas and at points of entry.
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