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Home My WebLink About01-04-18 City Commission Packet Materials - A1. Ordinance 1978 Final, UDC UpdateCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Final Adoption of the Unified Development Code (UDC) Update MEETING DATE: January 4, 2018 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve on second reading Ordinance No. 1978 to repeal and replace Chapter 38 of the Municipal Code and provide an effective date of March 31, 2018. RECOMMENDED MOTION: Having considered public comment and having provisionally adopted Ordinance 1978 on December 18, 2017, I hereby move to finally adopt Ordinance 1978 repealing and replacing Chapter 38 of the Bozeman Municipal Code. BACKGROUND: On December 18, 2017 the City Commission voted to provisionally adopt Ordinance No. 1978. The public hearing can be viewed at the link below. The record of the December 18, 2017 meeting incorporates all previously submitted comments, materials, and findings related to application 15-320, known as the Unified Development Code (UDC) Update. December 18, 2017 Commission Hearing At the December 18, 2017 meeting, the Commission approved six additional text amendments which are incorporated in Exhibits A and B attached to this report. Changes were made to the following code sections (page references all refer to Exhibit A): 1. Section 38.430.090.E.2.a(7)(a). Page 310. Amends PUD performance points for affordable housing. 2. Section 38.300.110.D (page 141). Amends B-3 District Intent. 3. Table 38.310.040.B (page 152). Amends the table of permitted service & temporary lodging uses in commercial, mixed-use, and industrial districts by removing the citation to footnote No. 3 for Health and Exercise establishments. 4. Table 38.310.040.E (page 157). Amends the table of permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts by removing the citation to footnote No. 4 for Community Centers. 5. Section 38.350.070.E (page 197) and 38.360.240.B.4 (page 226). Amended to prohibit individual residential garages facing the street in the B-3 district when an alley is adjacent to the property. 59 6. Table 38.510.030.B (page 323). Amended to allow Storefront façade transparency of at least 40% of ground floor between 30” and 10’ for secondary façades. UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: None identified. Report compiled on: December 20, 2017 Attachments: Ordinance 1978, Exhibit A and Exhibit B 60 Page 1 of 5 ORDINANCE NO. 1978 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE CHAPTER 38 OF THE MUNICIPAL CODE. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to promote public health, safety and welfare and otherwise execute the purposes of Section 76-1-102, MCA and the City Charter; and WHEREAS, The City is authorized by the Section 4.04 of the City Charter and Montana law to adopt zoning, subdivision, and other land use regulations and provide for the enforcement and administration of such regulations and otherwise reasonably provide for the orderly development of the community; and WHEREAS, The City has undertaken a lengthy public process to amend and revise its land use regulations, including significant public participation, numerous city commission work sessions and duly noticed public hearings; and WHEREAS, the Bozeman Zoning Commission and Planning Board held noticed public hearings on July 11th and 18th , 2017. The Bozeman Planning Board voted 6:1 to recommend approval of the proposed amendments and the Bozeman Zoning Commission voted 2:2 to recommended adoption of proposed amendments; and WHEREAS, The City Commission intends that by adoption of this Ordinance, amendments and revisions to Chapter 38 of the Bozeman Municipal Code which have been previously approved by the Bozeman City Commission, including those approved on December 4, 2017, September 26, 2016, October 24, 2016, November 21, 2016, February 13, 2017, March 6, 2017, will be final and effective on the effective date described in this Ordinance; and 61 Ordinance 1978 Repeal and Replacement of Chapter 38 (“UDC Update”) Page 2 of 5 WHEREAS, The Bozeman City Commission intends by adoption of this ordinance to repeal existing Chapter 38 of the Bozeman Municipal Code and replace it in its entirety with a new Chapter 38, as provided for in Attachment A, with all the amendments and revisions to the current Chapter 38 shown in attachment B; and WHEREAS, all amendments and revisions to the current Chapter 38, BMC, shown in Attachment B, and which are included in Attachment A have been heard by the Bozeman City Commission pursuant to Montana law and been adopted at duly noticed public hearings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: The City Commission hereby adopts the following findings: 1. The above recitals are incorporated herein. 2. The procedures, standards, and regulations included in Attachment A substantially comply with the Bozeman Community Plan (and other City adopted plans including its facility plans, transportation plan, parks recreation and open space plan, downtown improvement plan, and economic development plan). 3. The procedures, standards, and regulations included in Attachment A comply with the requirements of the Montana Subdivision and Platting Act, the requirements Title 76, Chpt. 2, part 3, MCA (municipal zoning), and Title 76, Chpt. 5 (Flood Plain and Floodway Management). 4. Public hearings have been duly noticed and held before the Zoning Commission and Planning Board, as appropriate, and before the City Commission on all changes to Chpt. 38, BMC as shown in Exhibit B. 5. Findings presented to the Commission in staff memorandum for the changes included in Attachment A and those made by Commissioners on December 18, 2017, December 4, 62 Ordinance 1978 Repeal and Replacement of Chapter 38 (“UDC Update”) Page 3 of 5 2017, September 26, 2016, October 24, 2016, November 21, 2016, February 13, 2017, March 6, 2017 are hereby incorporated into findings for adoption of this Ordinance. Section 2 That Chapter 38 of the Bozeman Municipal Code as currently adopted is hereby repealed in its entirety and that a new Chapter 38, attached to this Ordinance as Attachment A, is hereby adopted. Section 3 That the City official zoning map adopted by the City Commission pursuant to Resolution 4787 on March 27, 2017 is hereby confirmed in its entirety by this Ordinance. Nothing herein amends any zoning map amendment duly adopted by the City Commission after March 27, 2017. Section 4 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 5 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. 63 Ordinance 1978 Repeal and Replacement of Chapter 38 (“UDC Update”) Page 4 of 5 Section 6 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 7 Codification. This Ordinance shall be codified as indicated in Section 2. Section 8 Effective Date. This ordinance shall be in full force and effect on March 31, 2018. 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 December, 2017. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 64 Ordinance 1978 Repeal and Replacement of Chapter 38 (“UDC Update”) Page 5 of 5 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a session thereof held on the 4th day of January, 2018. The effective date of this ordinance is March 31, 2018. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 65