HomeMy WebLinkAbout17- Ordinance 1976 Setting Minimum Off-Street Parking Requirements for the B-2M District 802��
88
9��N CO.t710�
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 3 8, 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.
Page 1
Ordinance 1976,Amending the Unified Development Code for B-2M District Parking Standards
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
Page 2 of 8
Ordinance 1976,Amending the Unified Development Code for B-2M District Parking Standards
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. ...
Page 3 of 8
Ordinance 1976,Amending the Unified Development Code for B-2AIl District Parking Standards
Table 38.25.040-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
I
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5 and B 2M distriets)
One-bedroom 1.5 (1.25 in R-5 and B 2M distr- ets
I
_._...__....-..----
Two-bedroom 2 (1.75 in R-5 and u 21V distr-iets)
!Three-bedroom 3 (2.5 in R-5 and B 2M distriets)
i
Dwellings with more than three 4 (3 in R-5 and B 2M distf:,.ts
bedrooms
Group homes and community 0.75 spaces per person of approved capacity 1
residential facilities
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 1
district
Group living/cooperative 1 space per resident
household/fraternity/sorority
i
2. Nonresidential uses.
c. Adjustments to minimum requirements.
Page 4 of 8
Ordinance 1976,Amending the Unified Development Code for B-2MDistr•ict Parking Standards
(7) in the B 2M distriet, one par-king spaee for caeh 24 uninterrupted linear feet of available street
ffentage usable for on street par-king direetly adjaeent to a lot may be dedueted from the toW
pat-king spa— .-,-..ed for a development. For developments with both residential and non-
fesidential uses,sueh par-king may only be used to meet the par-king requiremepAs for-the use elosest
to the subject par-king spaees. The -A4dth of drive > designated non parking areas,
number-
of on street p fk
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 3 8.25.040-7
Use Minimum Parking Spaces Minimum Bicycle Parking Spaces
Required Required
i
Residential 1 per unit 1 per unit
Commercial 2 per 1,000 square feet of 1 per 1,000 square feet of gross
gross floor area floor area
Restaurant(stand-alone) 5 per 1,000 square feet of 5 per 1,000 square feet of gross
gross floor area floor area
Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment 5 per 1,000 square feet of 5 per 1,000 square feet of gross
Center gross floor area floor area
Page 5 of 8
Ordinance 1976,Amending the Unified Development Code for B-2MDistrict Parking Standards
Manufacturing 2 per 1,000 square feet of 2 per 5,000 square feet of gross
i
gross floor area 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 parkinL. AU off-site parking used to meet the requirements of this
chapter for development in the B-2M zoning district must comply
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
Page 6 of 8
Ordinance 1976,Amending the Unified Development Code for B-2bf District Parking Standards
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.
Page 7 of 8
Ordinance 1976,Amending the Unifred Developmeizt Cade for B-2M District Pm•king Standards
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.
CARSON TAYLOR
y� 'OF , Mayor
ATTEST: C) •'
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 NDUCfin8023 2017.
CARSON TAYLOR
Mayor
ATTEST:
Of B•p2,
R BIN CROUGH • ` � �f 9
City Clerk
��••. 1883
9TIN Co.
APP OVE FORM:
RE ULLIV
City Attorney
Page 8 of 8