HomeMy WebLinkAbout11-16-17 City Commission Packet Materials - A1. UDC Update Continued - REVISED MATERIALSFrom:Tom Rogers
To:Agenda; Carson Taylor; Cyndy Andrus; I-Ho Pomeroy; Jeff Krauss; Chris Mehl
Cc:Andrea Surratt; Martin Matsen; Greg Sullivan; Karen Stambaugh
Subject:UDC Update Materials
Date:Tuesday, November 14, 2017 5:09:15 PM
Attachments:UDC Update continuance memo 11-13-17 revised - kjs edits.pdfCC Amendment Summary 11-13-17 revision - kjs edits.pdfUDC Workshop and Hearing Notice gs 7 27 17 FINAL.PDF
Mr. Mayor and Commissioners,
I have attached a revised Commission memo describing adjustments to the previously provided
memo for the November 13, 2017 hearing. The adjustments acknowledge I attached an incorrect
public notice and used that notice to determine which motions were not included with the public
notice. These documents correct that oversight.
Please accept my apologies for any confusion this may have caused. As noted in the memo, there
are no material changes in these revised materials.
Respectfully,
Tom Rogers | Senior Planner | AICP
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development
SUBJECT: Unified Development Code (UDC) Update Public Hearing –
Corrected Staff Memo and Public Notice
MEETING DATE: November 15, 2017
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: N/A.
RECOMMENDATION: Continue review of Article 3 – 7 of the draft revised Chapter 38 Unified
Development Code.
This revised November 13, 2017 Commission memo attaches the correct public notice for Zoning Commission and City Commission public hearings on the UDC update and adjusts the determinations of the motions to amend made to date that are within or outside of the scope of the correct public notice. No other substantive changes are made. Specifically, this revised memo
removes the yellow highlighting of motions No. 1 and 2 and adds yellow highlighting to motion
No. 10.
On August 24, 2017 the City Commission began consideration of the Unified Development Code (UDC) update, dated July 28, 2017. A motion to approve was made and seconded. A motion to table discussion was made and seconded. The Commission voted 2:2 on the motion to table. The
excused Commissioner will consider and vote on the motion to table discussion on the revised development on Thursday, September 7, 2017. On September 7, 2017 the Commission voted not to table the discussion on the UDC, final vote 3:2.
On September 11, 2017 the Commission continued consideration of the UDC update. The Commission completed review of Article 1 and began consideration of Article 2. The Commission
continued the review to Monday, September 18, 2017.
On September 18, 2017 the Commission continued the public hearing to October 2, 207. No action was taken at the September 18, 2017 hearing.
On October 2, 2017 the Commission completed review of Article 2 and began consideration of Article 3. Two motions were made to amend the development code. Staff is maintaining a
summary of all motions to track what changes will be made. The Commission continued the public hearing to October 23, 2017 with intention to focus on Articles 3 and 4. Staff held a meeting on Wednesday, October 4, 2017 with a group of design community to discuss and improve the minimum design standards in Article 5. The discussions with the design community are ongoing.
MEMORANDUM
TO: Bozeman City Commission
FROM: Tom Rogers, Senior Planner
SUBJECT: Bozeman City Commission amendments to the July 28, 2017 draft
UDC update
DATE: November 14, 2017 – Revised
During City Commission discussion the following amendments and issues related to the Unified Development Code (UDC) update were moved, seconded, discussed and voted
on with the results listed below each amendment.
Motions highlighted in YELLOW relate to subjects not included in the UDC update public notice and not considered by the Zoning Commission.
September 11, 2017 Article 1 – General Provisions Section 38.100.050.A, second sentence states, “In some instances the public interest will be best served when such minimums are exceeded.” Although no motion to amend was
made, there appeared to be Commission support for clarifying that the review authority (Director of Community Development or City Commission) is not permitted to apply arbitrary and capricious conditions of approval for development applications.
Staff suggestion: Conditions of approval above and beyond minimum standards require specific findings showing reasonable nexus and proportionality. All approvals or disapprovals are subject to appeal through the appropriate channels described in this chapter. Therefore, staff suggests no amendment is necessary.
Article 2 – Permits, Legislative Actions and Procedures September 18, 2017 No action taken.
NOTICE OF WORK SESSION AND PUBLIC HEARING FOR TEXT AMENDMENTS TO THE CITY’S UNIFIED DEVELOPMENT CODE
The City of Bozeman provides notice of a proposal to amend its land use regulations, the Unified Development Code, (UDC) Chapter 38 BMC. The UDC establishes standards for land development, zoning, subdivision, and land use. The proposed amendments include comprehensive changes to the
City’s zoning, subdivision, and other land use regulations. The proposed amendments are referred to as
the “UDC Update.” The UDC Update, if adopted by the City Commission, would apply to applications for land development deemed acceptable for review after the effective date of the changes. The proposed changes will also eliminate all entryway corridors zoning districts and apply new zoning
and design standards for land development and building design throughout the City as included in the
list include in this notice, below. The City Commission will conduct a work session on the UDC Update on Thursday, August 17, 2017 at 6:00 PM in the City Commission Room located at 121 North Rouse Ave. in Bozeman, MT. The work
session will include a presentation by City staff on the proposed amendments, provide the City
Commission the opportunity to ask questions of City staff, and may, depending on available time, include an opportunity for public comment on the proposed amendments. No final decision on the proposed changes will be made at this work session.
Following the work session, the City Commission will conduct a public hearing on the proposed
amendments on Thursday, August 24, 2017. The purpose of the public hearing is to formally consider the application for amendments to the City’s land use, zoning, subdivision, and other land use regulations, as requested by the applicant, City of Bozeman, PO Box 1230, Bozeman MT 59771.
At the public hearing on August 24, 2017, the City Commission may act to approve, modify, or
reject the proposed amendments or continue the public hearing to another date certain. The City Commission may revise any of the proposed amendments referred in this notice during the public hearing process. As such, revisions to the proposal made by the City Commission during the public hearing process may affect any part of the text including definitions, standards, or review procedures included in this notice.
The City Commission has previously held public hearings on other amendments to the UDC which will be incorporated into a final codifying ordinance. Information on these previous hearings is available from the City’s Department of Community Development. The workshop and public hearing referred to
in this notice will not include these previously approved amendments to the UDC.
The City will accept written protests from property owners against the proposed amendments referred to in this notice until the close of the public hearing before the City Commission. A valid protest must indicate the property owner(s) wish to protest the UDC Update, refer to the specific
provision(s) included in the UDC Update that the property owner is protesting, include the application
number for the amendment being protested (UDC Update Bozeman Municipal Code, File 15-320), list the names of all owners of the property, include the street address of the protestor’s property, and be signed by all property owner(s). Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
Amendments included in the UDC Update include overall reorganization of the UDC as follows:
1. General provisions (user guide, and purpose & authority)
2. Permits, legislative actions & procedures (consolidates project applications, review procedures,
and approval criteria)
3. Zoning districts & land use (introduces zones, permitted uses, and density & dimensional
standards)
4. Community design (includes standards related to public and larger scale community design issues such as streets, block size & connectivity, subdivision design, and parks)
5. Project design (includes standards to apply to the design of individual developments, including
development frontages, site planning, building design, parking, landscaping, signage, etc.)
6. Natural resource protection (mostly wetlands and floodplain regulations)
7. Definitions
The amendments in the UDC Update will include the creation and addition to the UDC of:
Section 38.510 – Block Frontage Standards
Storefront
Landscape
Mixed
Gateway
Internal
Other
Industrial
Section 38.520 – Site Planning & Design Elements
Relationship to adjacent properties
Non-motorized circulation & design
Vehicular circulation & parking
Internal open space
Service areas and mechanical equipment Section 38.530 – Building Design
Building character
Building massing & articulation
Building details
Building materials
Blank wall treatment
Specific amendments will amend multiple sections of the UDC. The list below provides the section
number to be amended by referring to section number by its revised organization:
Eliminating duplicative code references
Amend Section 38.100.040 Intent and purpose of chapter Add Section 38.110.010 Adopted plans, standards, and resolutions Amend Section 38.200.010 Review authority
Amend Section 38.210.010 the duties of Administrative Design Review (ADR)
Delete Section 38.210.030 general procedures, notice and timing for zoning applications Amend Section 38.220 submittal materials and requirements for subdivision and site plan applications Amend Section 38.220 supplementary documents Amend Section 38.230.040 Design Review Board (DRB) authority
Amend Section 38.230.100 plan review criteria
Add Section 38.230.120 to create Special Use Permit (SUP) procedures and criteria Add Section 38.230.130 to create the community design framework master plan Add Section 38.250.060 to create departures for specific development standards Amend Section 38.270.070.C payment of cash in-lieu of capital facilities
Amend Section 38.270.090 refining development or authority for the maintenance of common areas and
facilities developer or property owners’ association Amend and refine Section 38.300 purpose and intent of residential, commercial, industrial, and mixed use zoning districts Amend Section 38.300.050.C where district boundaries divide a lot or parcel into two or more districts
Amend Table 38.300.100 to add a reference table showing permitted housing types within each zoning
district Amend Section 38.310.020 classification of uses by refining evaluation criteria and authority Amend Tables 38.310.030, 38.310.040, 38.310.040.B, and 38.310.040.C, residential uses Amend Section 38.320.020 form and intensity standards in residential districts
Amend Tables 38.320.030, 38.320.040, and 38.320.050 for residential, mixed-use, and non-residential
districts Amend/add Section 38.320.060 zone edge transitions Amend Section 38.330.010 UMU district special standards Amend Section 38.330.020 REMU district special standards
Amend Section 38.340.E conformance with other applicable development standards
Delete Section 38.340.200-280 Entryway Corridor Overly District Delete Section 340.400-470 Casino Overlay District Amend Section 38.350.050 Setback and height encroachment, limitations, and exceptions Amend Section 38.360.030 accessory buildings, uses and requirement standards and creating daylight
plane provisions
Amend Section 38.360.030.I to harmonize garage setbacks with previously approved text amendments Amend Section 38.360.040 accessory dwellings units reducing unit square footage in certain districts, allowing ADU’s on the ground floor when standards are met in certain districts and generally modifying standards
Deleting Section 38.360.080 automobile washing establishments
Deleting Section 389.360.090 cemeteries Amending Section 38.360.150 large-scale retail standards Deleting Section 38.360.180 manufactured home communities Amending Section 38.360.160 manufactured homes on individual lot standards
Deleting Section 38.360.170 portable carry out food and beverage buildings
Amend Section 38.360.210 single, two, and three-household dwellings residential garage intent and
standards Amend Section 38.360.240 townhome and rowhouse dwelling to create building standards, garage standards, internal drive isle standards, and create usable open space requirements Amend Section 38.400.010 streets, general to include alleys
Amend Section 38.400.090.C drive access requirements and standards
Amend Table 38.400.090.C.3.a(4) maximum driveway widths for townhome or rowhouse dwellings Amend Section 38.400.100.A street vision triangles Amend Section 38.400.110 transportation pathways to modify and clarify standards and alternate easements
Amend Section 38.410.020 to include neighborhood centers are subject to block frontage standards
Amend Section 38.410.030 adding courtyard access lots Amend Section 38.410.040 clarifying block standards Amend Section 38.420.020 parks and open space requirements Amend Section 38.420.030 to allow and establish standards for cash donation in-lieu of land dedication
Amend Section 38.430.090 clarifying planned unit development standards
Deleting Section 38.430.100 North 19th Avenue/West Oak Street entryway corridor Amend Section 38. 510 block frontage standards creating storefront, landscape, mixed, gateway, internal, other, and industrial frontage standards Amend Section 38. 520 to add site planning & design elements including the relationship to adjacent
properties, non-motorized circulation & design, vehicular circulation & parking, internal open space,
and service areas and mechanical equipment standards Amend Section 38. 530 to add building design elements including building character, building massing & articulation, building details, building materials, and blank wall treatment Amend Section 38.700.020 deleting animal hospital definition
Amend Section 38.700.020 adding definition of articulation
Amend Section 38.700.020 adding articulation interval Amend Section 38.700.020 deleting auto salvage yard definition Amend Section 38.700.020 deleting bar definition Amend Section 38.700.020 adding blank wall definition
Amend Section 38.700.020 deleting convenience food restaurant
Amend Section 38.700.020 refining definition of convenience use Amend Section 38.700.020 adding definition of cornice Amend Section 38.700.020 deleting date of submission definition Amend Section 38.700.020 adding departure definition
Amend Section 38.700.020 adding façade definition
Amend Section 38.700.020 deleting food processing facility Amend Section 38.700.020 deleting front line of building definition Amend Section 38.700.020 adding general service establishment definition Amend Section 38.700.020 adding heavy retail service establishment definition
Amend Section 38.700.020 adding high visibility street corner definition
Amend Section 38.700.020 deleting industry, heavy definition Amend Section 38.700.020 deleting industry, light definition Amend Section 38.700.020 defining level I, II, and II improvements Amend Section 38.700.020 defining live-work unit
Amend Section 38.700.020 adding manufacturing, heavy definition
Amend Section 38.700.020 manufacturing, light definition
Amend Section 38.700.020 adding manufacturing, moderate definition Amend Section 38.700.020 adding pedestrian-orientated open space Amend Section 38.700.020 defining rowhouse Amend Section 38.700.020 defining rowhouse cluster
Amend Section 38.700.020 refining definition of setback
Amend Section 38.700.020 adding transom window definition Amend Section 38.700.020 adding trellis definition Amend Section 38.700.020 adding vertical building modulation Amend Section 38.700.020 refining warehouse definition
Amend Section 38.700.020 refining yard definition
And generally correct grammar, numbering corrections, active voice, etc. The complete text of all the proposed changes included in the UDC Update (in the revised format) is available through the Department Community Development, 20 E Olive Street, Bozeman MT 59715 and
available on the City’s website at www.bozeman.net/city-projects/udc-code-update. The format for the
proposed changes are described in the opening of the document. Printed copies of the proposed changes (in new format) are also available at the Bozeman Public Library, Montana State University Library, and the Bozeman City Clerk’s Office. The text may be revised as the public review process proceeds. The City invites the public to comment in writing and to attend the public hearings. Written comments may
be directed to the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman,
MT 59771-1230. Comments may also be emailed to agenda@bozeman.net.
For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). Please reference UDC Update Bozeman Municipal Code, File 15-320 in all correspondence.
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SUBMITTED THURSDAY, 7/27/17 FOR PUBLICATION ON SUNDAY, 7/30/17 AND SUNDAY 8/6/17. PLEASE PRINT BOLD WHERE INDICATED, AND SEND AFFIDAVIT OF PUBLICATION TO BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT.
October 2, 2017
Article 2 – Permits, Legislative Actions and Procedures 1. 08:07:51 PM (01:32:28) Vote on the Amendment to the Motion to add “recommendations do not constitute votes of approval or denial” to Section
38.200.010(G). The motion passed 5-0.
2. 08:18:16 PM (01:42:53) Vote on the Amendment to the Motion to add “Under this
section, when advisory boards review and make recommendations to the review authority that they act in a quasi-judicial capacity” to Section 38.200.010(G). The motion passed 5-0.
October 16, 2017 No motions made. Discussion on:
Article 3 – Zoning Districts and Land Uses
Commission requested more illustrations to describe zone edge transitions and
floor area ratio (FAR)
October 23, 2017 No motions made. Discussion on:
Section 38.300.020. Replace list of zoning districts. Solution – replace.
Table 38.300.100. Illustrative summary table seems to bring unwarranted
scrutiny. Solution – delete table.
Minimum lot width.
ADU. Ground floor, height limitation, location of accessory structures.
Cottage housing. 500 foot radius limitation.
Public comment on ADU and affordable housing incentives. Allow ADU on ground floor, remove ADU restrictions on subdivision approved before 1997, and remove restrictions for small sized lots only for affordable units.
October 30, 2017
Staff presented alternative standards for certain code sections as described in Attachment A – Code Modifications dated October 30, 2017. Staff completed summarizing proposed changes to Article 3. The Commission is deliberations and making changes to the July
28, 2017 UDC draft.
Public comment was heard. Comment focused on the following:
A representative from the design community stated they are working on proposed
changes to Article 5.
Accessory dwelling units and their effect on existing neighborhoods, traffic generation in alleys
Furthering the distinction of the downtown area. Insuring the proposed changes to the B-3 district achieve the desired outcome (38’ transitions),
Article 3 – Zoning District and Land Use 3. 08:15:11 PM (02:15:36) Vote on the Amendment to the Motion to amend the purpose of Section 38.300.010 to include E., “Zoning districts and the zoning map
communicate the City’s expectation for land use in each particular district”. The
motion passed 5-0.
4. 08:17:48 PM (02:18:13) Vote on the Amendment to the Motion to restore the line in 38.300.020 “For the purpose of this chapter, the City is divided and classified into the following use districts” and restore the table therein. The motion passed 5-0.
5. 08:25:05 PM (02:25:30) Vote on the Amendment to the Motion to amend Section
38.360. 170, A., 1., to change 1,000 feet to 400 feet in the last sentence so it reads
“must not be located within 400 linear feet of the exterior property…”. The motion passed 4-1.
6. 08:29:42 PM (02:30:07) Vote on the Amendment to the Motion to amend Section
38.360.170, 1., a., and b. to add language “where students are regularly present”
after “facilities” in paragraph a., and after “private schools” in paragraph b. The
motion passed 5-0.
7. 08:37:28 PM (02:37:53) Vote on the Amendment to the Motion to strike the table “Summary of housing types permitted in the residential zoning districts” in Section
38.300.100. The motion passed 4-1.
8. 08:59:00 PM (02:59:25) Vote on the Amendment to the Motion to amend Section
38.300.100, A., to state that the intent and purpose of the RS residential district is to commemorate and preserve existing RS zoning only. This district is not available for future land use designation. The motion passed 3-2.
9. 09:09:07 PM (03:09:32) Vote on the Amendment to the Motion to amend Section
38.360.110 E., 1., to add subsection h. to state “When cottage housing units meet the
definition of affordable housing under 38.380 maximum units under d. and e. do not apply. Every unit would have to be affordable, with the same proportion, in order to exceed the maximum.” The motion passed 5-0.
10. 09:21:12 PM (03:21:37) Vote on the Amendment to the Motion to amend Section
38.340.070, A., to change the middle of the paragraph as follows: “In order to
encourage restoration, rehabilitation, and appropriate new construction” and the
rest is the same. Section 38.340.070.A.1., is amended to read “Modifications must be
more historically appropriate for the building and/or site in question, the adjacent
properties, and the overall pattern of the neighborhood as determined by the
standards in section 38.340.050” and the rest is the same. The motion passed 5-0.
11. 09:23:30 PM (03:23:55) Vote on the Amendment to the Motion to amend Section 38.300.110.D., to retitle it “Business district (downtown B-3) and to append
“downtown” in front of “B-3” throughout Section 38.300.110. The motion passed 5-
0.
12. 09:27:12 PM (03:27:37) Vote on the Amendment to the Motion to add a sentence in Section 38.300.110.D., as the second sentence to read “The downtown B-3 district should be the area of greatest density of development and intensity of use.” The
motion passed 5-0.
13. 09:30:33 PM (03:30:58) Vote on the Amendment to the Motion to amend Section
38.300.110.D.4, to unstrike the line “Room should be provided in appropriate areas for logical and planned expansion of the present district.” The motion failed 2-3.
14. 09:43:42 PM (03:44:07) Vote on the Amendment to the Motion to amend Section
38.300.110.D.4.(a), to unstrike the sentence and leave it in the document, and remove
“a.” to make it the second paragraph of 4. Additionally, strike the beginning of the
sentence “It is the intent…” and state “This district encourages...”. The motion passed 5-0.
November 6, 2017
No action taken. November 13, 2017
No action taken. November 15, 2017
On October 16, 2017 the Commission continued their review of the draft development code. Staff
presented numerous illustrations describing the current and proposed zone edge transitions
requirements and illustrations covering floor area ratios (FAR). No motions were made at this hearing. Review will continue with Article 3.
On October 23, 2017 the Commission continued their review of the draft development code. Staff completed presenting Article 3. The Commission continued their discussion and focused on zone
edge transitions, zoning authority and communication, lot dimensions, accessory dwelling units
and cottage housing standards. Public comment on ADU and affordable housing incentives. Allow ADU on ground floor, remove ADU restrictions on subdivision approved before 1997, and remove restrictions for small sized lots only for affordable units.
No motions were made at this hearing.
On October 30, 2017 the Commission continued their review of the draft development code. The
Commission continued their discussion and focused on regulatory communication, lot dimensions, accessory dwelling units, cottage housing standards, and other standards. Public comment was heard on ADU and the B-3 District.
Fourteen motions were made to amend the draft development code. The subject of some the
motions were not included with the official public notice for the UDC update. A copy of the notice
contents are included with this memo. Staff will consider all the motions that are outside of the scope of the current notice as direction to the City manager to initiate a zone text amend that include these items.
On November 6, 2017 the Commission continued their review of the draft development code. No
action was taken. The meeting was continued to Monday, November, 13, 2017.
LINK TO ORIGINAL AUGUST 24, 2017 CITY COMMISSION MEETING MATERIALS (STAFF REPORT)
LINK TO SEPTEMER 7, 2017 CITY COMMISSION MEETING
LINK TO SEPTEMER 11, 2017 CITY COMMISISON MEETING
LINK TO SEPTEMBER 18, 2017 CITY COMMISSION MEETING
LINK TO OCTOBER 2, 2017 CITY COMMISSION MEETING
LINK TO OCTOBER 16, 2017 CITY COMMISISON MEETING
LINK TO OCTOBER 23, 2017 CITY COMMISISON MEETING
LINK TO OCTOBER 30, 2017 CITY COMMISSION MEETING
Anticipating discussion on Article 5 – Project Design a link to the DRAFT block frontage map is provided below. Default designations are described in section 38.510.020 (page 359).
Draft Block Frontage Map
UNRESOLVED ISSUES: Described in the UDC Update staff report.
ALTERNATIVES: As determined by the City Commission
FISCAL EFFECTS: None identified.
Report compiled on: November 6, 2017
Attachments: Summary of Commission Action and UDC Public Notice