Loading...
HomeMy WebLinkAbout17- Ordinance 1981 Affirming and Readopting Subchapter 4B into the Neighborhood Conservation Overlay District (NCOD) ct R �Y 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. Page 1 of 4 Ordinance 1981,Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines 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. Page 2 of 4 Ordinance 1981,Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines 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 Cleric 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. Page 3 of 4 Ordinance 1981,Affirming and Readopting Subchapter 4B to the NCOD Design Guidelines PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 181h day of September, 2017. v_ CARSON TAYL Mayor ATTEST: F B O ' ROBIN CROUGH ' • '` City Clerk 7 % •� . fit • .' ?Try• . . •® 0 1 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: '`OV ROBIN CROUGH - - • City Clerk �� • . • • ,' APPROVED AS TO FORM: ULLIVAN City A orney Page 4 of 4 Exhibit A—Ordinance 1981 CHAPTER TO USE LnN Ln � � N � o o Q v N v a� a a. r i ° a c i a cYi .L ,ri p -C x L C L C L ,� L � L V •- p 4 N a +�' N 4O' N E } C OCL L tv G ca co E ro N -C C` L L .0 L 7 O t CL C U C7 U C7 n U v0- U 0 U U V) m Q 1.Alteration of a "contributing property"in an Historic District If If Residential Commercial 2.Work n a"non- contributing" property in an Historic nrO District If If OResidential Commercial ark on an dn vidually listed � I! L National Register Property"in If If Othe Neighborhood Residential Commercial LJ..I Conservation Overlay District Work on a"historically significant significant u u u property"in the Neighborhood If If Conservation Overlay Residential ; Commercial District, but outside of an Historic District 5.Work on a"non- hi historically u u u u u significant"property in the Neighborhood . If If Conservation Residential Commercial Overlay District but outside of an Historic District 6. New infill and construction in the Neighborhood Conservation If If Overlay District, but Residential Commercial outside an Zone Zone Historic District District District 7. New infill and construction in An Historic District* If If Residential '', 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. 1 SUBCHAPTER 4-13 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. 0. c-- • s „'. S11'�'II.LIRDST�. F ILL'ARBa STj�, tat i ;i}r �� c bgV13s uwn sr Ir:- .'p BEALLI Sir _r '<k¢ F !�BEAILiST lv'u%NAIe 57 �. e •{ `fir {� �< • rid %7 1 R �i 1�if 1 rif I n'Jn6RBE\'naLL;sr _ __ v:.E!MI\BE HALL IS 47 ..t jli+r I �T r ~ ru E-,AIArni SF, �^'•''r T,{ ( } Main Street) R�BIRCOC sl'- �r. - E•DABCOCKSI. jy+j�:. 1 •C W OUVE ST, '•- E OI"VEiS7"! LlndleyPlace B CBRTLSS ti-r spar Park �o; r Zoning Designation o M B-3 Zoning District Bon.Ton �? :Saulh Tracy/Soulh 81ack �+ I Historic Districts W STOR1'1S7. Neighborhood Conservation Overlay District ;❑ } E �unu� h � U Figure 1.1 B-3 District surrounding the Main Street Historic District NCOD Design Guidelines, Chapter 4-B 2 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 - q, 1 rya ®ao �1f Illijil� � '®I'cruNan' ��1 e jp ' Ih �31IIb.�4F.kK11 «'� 1 �I 11 Ifs L z� �t 1 r N Kie 1 I ( I Il I f NCOD Design Guidelines, Chapter 4-13 3 f . TIC _ 111111 1 T �hL 1 I 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. NCOD Design Guidelines, Chapter 4-B 4 • 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 fagade 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. NCOD Design Guidelines, Chapter 4-13 5 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. fit r 11 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. NCOD Design Guidelines, Chapter 4-B 6 • 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. •,r„ r - i I ' 1 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 NCOD Design Guidelines, Chapter 4-B 7 - 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. ena , Section 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. NCOD Design Guidelines, Chapter 4-13 8 • 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. NCOD Design Guidelines, Chapter 4-13 9 • A symbol sign adds interest to the street, can be read quickly and is remembered better than written words. F7 r _;� - r I illiillhu�I�,►I� 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. NCOD Design Guidelines, Chapter 4-13 10 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 area 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. NCOD Design Guidelines, Chapter 4-13 11 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. NCOD Design Guidelines, Chapter 4-B