HomeMy WebLinkAbout17597 Pile B SRPage 1 of 10
17597, Staff Report for “Pile B” Zone Text Amendment
Public Hearing Dates: Zoning Commission, February 6, 2018
City Commission, February 12, 2018
Project Description: Zone text amendments initiated by the City Commission during
consideration of the Unified Development Code (UDC) update project referred to as
“Pile B” amendments.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval
Zoning Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 17597 and move to
recommend that the City commission adopt Ordinance 1994 the Pile B zone text
amendment.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 17597 and move to provisionally adopt Ordinance 1994, the Pile B zone
text amendment.
Report Date: January 23, 2018
Staff Contacts: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 2 of 10
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission Recommendation............................................................................... 3
City Commission Alternatives ............................................................................................ 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - PROJECT BACKGROUND ......................................................................... 9
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 10
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 10
FISCAL EFFECTS ................................................................................................................. 10
ATTACHMENTS ................................................................................................................... 10
EXECUTIVE SUMMARY
Project Summary
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code. The development, review and adoption of the revised Chapter 38 allowed considerable public
comment opportunities. Having considered those outreach efforts and comments received, the City Commission initiated text amendments in seven general areas that were outside of the scope of the initially advertised Chapter 38 update. The Commission directed further text amendments as described in this report and attached as Ordinance No. 1994.
During the review and adoption of the revised UDC the Commissions voted to modify a
number of standards that were not included in the public notice of the code update. Therefore, the Commission directed staff to property notice and initiate a text amendment to make the desired code changes. As a result, public notice of the changes was made and meetings before the Zoning Commission and City Commission were made.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 3 of 10
The amendments in this Ordinance include:
1. Section 38.340.070. Expand deviations from underlying zoning requirements to
include new construction and include neighborhood development pattern as a
criterion when determining historic appropriateness in the Neighborhood
Conservation Overlay District.
2. Section 38.340.080. Review of demolition or movement of historic structures or sites
to include the neighborhood’s historic significance.
3. Section 38.360.040.B. Standards for detached Accessory Dwellings Units to exceed
the height of the primary structure.
4. Section 38.360.110.E.1. Cottage housing. If cottage housing units meet definition of
affordable housing then the density limits of subsection (d) and (e) do not apply.
5. Section 38.360.E.1.f. Cottage housing. Eliminate subsection (f) geographic limits of
development.
6. Section 38.360.170.A.1. Medical marijuana. Decrease minimum separation between
medical marijuana facilities and schools.
7. Section 38.360.170A.1.a. Qualify when minimum separation between medical
marijuana facilities and schools applies to where students are regularly present for
public schools.
8. Section 38.360.170.A.1.b. Qualify when minimum separation between medical
marijuana facilities and schools applies to where students are regularly present for
private schools.
9. Section 38.540.070.A.4. Off-site parking. Increase allowed separation for off-site
parking for residential developments from 100 feet to 300 feet.
Zoning Commission Recommendation
The City of Bozeman Zoning Commission will hold a public hearing on February 6, 2018.
City Commission Alternatives
1) Adopt the ordinance as presented,
2) Direct revisions to the ordinance prior to adoption and request staff to respond with
proposed revision for consideration at a future hearing,
3) Do not adopt the ordinance, or
4) Request additional information and continue discussion on the ordinance.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 4 of 10
SECTION 1 - MAP SERIES
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 5 of 10
Zoning Map – Detailed map available at Community Development and on-line
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as submitted.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 6 of 10
The Zoning Commission will hold a public hearing on these text amendments on February
6th, 2018, at 6 pm in the City Commission room located at 121 N. Rouse Avenue, Bozeman,
Montana.
The City Commission will hold a public hearing on these text amendments on February 12,
2018 in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action;
therefore, the Commission has broad latitude to determine a policy direction. The burden of
proof that the application should be approved lies with the applicant. The criteria below
include separate findings for each text amendment where necessary.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D or is neutral. Zoning criteria E-K must be considered and
may be found to be affirmative, neutral, or negative. A favorable decision on the proposed
application must find that the application meets all of criteria A-D and that the positive
outcomes of the amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The growth policy does not dictate uses or specific standards to the level of detail
contained in the ordinance. It does identify issues and priorities for consideration and does
contain goals and objectives that are desirable outcomes. There is no prioritization of one
goal or objective over another. In determining appropriateness of a particular zoning
ordinance, the Commission needs to find a balance that best advances the interests of the
community. It is inappropriate to maximize one item to the detriment of the remainder of the
goals and objectives of the document. The City adopted the current edition of the growth
policy, the Bozeman Community Plan, in 2009. The Community Plan consists of 17 chapters
detailing community context, land use, community quality, arts and culture, economic
development to name a few. The text of Chapter 38 as amended is a balance of the various
goals and priorities in the Bozeman Community Plan and advances the plan overall.
All amendments relate to existing text which have previously been found to support the
Growth Policy during the public hearings and Commission action on Ordinance 1978. Each
amendment is a refinement of a standard to further the goals and objectives of the Growth
Policy.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 7 of 10
B. Secure safety from fire and other dangers.
Yes. The development standards provide for identification and mitigation of uses and
development. Building construction standards, public services, urban/wildfire interface,
geotechnical standards, and other measures remain in place. Development within floodplains
is restricted. Setbacks and other development standards facilitate emergency service access.
See also criterion C.
C. Promote public health, public safety, and general welfare.
Yes. The essential standards for provision of public services such as water and sewer will
not be modified. The balance of proposed standards are expected to prevent overcrowding or
other negative impacts. Addition licensing and performance requirements do not change for
medical marijuana.
The amendments are designed to improve the community by integrating greater
consideration of a neighborhood in particular development proposals and promote greater
variety of housing types. The amendments support the general welfare by addressing possible
impediments to full utilization of property.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Standards for provision of public facilities are not being altered. The City does not have
standards for dedication of school sites. The standards do improve access to services in closer
proximity to city residences thereby improving transportation alternatives. All site
development must demonstrate availability of adequate transportation, water, sewer, and park
facilities prior to approval. The regulations are integrated with other City standards in
Chapter 40 for provision of and operation of utilities.
E. Reasonable provision of adequate light and air.
Yes. The basic standards for setbacks, dedication of parks, on-site open spaces, etc. that
affect this criterion are continued with the proposed ordinance. Potential impacts caused by
reducing of cottage housing separation standards are limited to those developments
furthering essential housing to segments of the population. These development still must
meet setback standards, parks, open space, and other standards that insure adequate light and
air. Minimum standards for windows and air circulation/venting remain in the building
codes.
Allowing accessory dwellings units to be taller than primary residence will not adversely
affect adequate light and air because existing setbacks remain as do building envelope and
floor area ratios all of which are designed to maintain adequate light and air.
F. Effect on motorized and non-motorized transportation systems.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 8 of 10
Neutral. No substantive changes affecting motorized and non-motorized transportation
systems are prosed. Proposed changes to separation distances from other uses support multi-
model transportation and increasing distance to off-site parking areas for residential
development will also support infill and increasing housing availability in the City. In
addition, the proposed amendments support multi-modal transportation. Allowing deviations
from underlying zoning may encourage further development of existing housing near
services, schools, employments cents, and other needs reducing housing demand at the distal
areas of the City reducing vehicle miles driven in search of these services.
G. Promotion of compatible urban growth.
Yes. The amendments promote the continued growth of the City by providing more urban
development standards. The standards, as shown in other criteria, are consistent with the
development standards and patterns of the City.
H. Character of the district.
Yes. The amendments relating this criterion expand the influence zone of a proposed
development in the Neighborhood Conservation Overlay District to include the neighborhood
context. Increasing availability of off-site parking will foster in-fill development of
underutilized lots increasing utilization of utilities and pedestrian activity.
I. Peculiar suitability for particular uses.
Neutral. No changes to the zoning boundaries are proposed with these amendments. The
location of zoning districts has previously been found to be appropriate. The authorized use
tables have been reviewed for consistency with the intent and purpose of individual districts
and found to be appropriate.
J. Conserving the value of buildings.
Yes. No changes to the zoning boundaries are proposed that would cause buildings to
become non-conforming to the district in which they are located. Other portions of the
municipal code require buildings to be maintained in a safe and secure condition to avoid
decay and public hazards. The building design standards of Article 5 minimize negative
impacts of development on adjoining properties. The community design standards of Article
4 ensure adequate street circulation, parks, and other necessary features.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. No changes to the zoning boundaries are proposed with these amendments. The uses
authorized in the use tables for each district are consistent with the district purpose. The
zoning boundaries are in substantial compliance with the land use map of the growth policy
which establishes the broad policy for location of uses. As described in Criterion A, the
proposed zoning is consistent with the growth policy overall. Finally, the amendments de-
emphasize regulatory impediments to utilize a parcel to its highest economic value. The
proposed text amendments incrementally move land use decision to the free market.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 9 of 10
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
For this text amendment application the applicable calculation of protesting owners would
include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners
would include all owners within the affected area. This protest does not apply to provisions
relating to subdivision review as there is no state authority for protest of subdivision regulations.
As of the writing of this report, no written protest against the changes included in the revised
Chapter 38 has been received.
APPENDIX A - PROJECT BACKGROUND
The City has had zoning since 1934. The City has replaced the entirety of its zoning regulations
fifteen times since then and completed over 250 individual amendments to the text. These
regulations have developed over time as the City has grown from 6,855 in 1930 to over 45,000
today. The City Commission and Staff identified a need for a substantial revision to the zoning
regulations to catch up with changing state laws and to meet the needs of the community as it
changes from small town to a city.
The City of Bozeman recently updated Chapter 38 of the Bozeman Municipal Code. The
development, review and adoption of the revised Chapter 38 allowed considerable public
comment opportunities. After considering those outreach efforts and comments received, the
City Commission initiated text amendments in seven general areas that were outside of the
advertised scope of the Chapter 38 update. As directed by the Commission the text amendments
described in this report and attached as Ordinance No. 1994.
The amendments included in this Ordinance were affirmatively voted for during public hearings.
However, these subject areas were not included with the public notice. In order to provide
specific notice and consideration of these items, new public hearings were scheduled and noticed
which requires them to be brought back to the Bozeman Zoning Commission and City
Commission for consideration.
17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 10 of 10
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on December 31,
2017 and January 14, 2018 in the Bozeman Daily Chronicle before the public hearings by the
Zoning Commission and City Commission. A second public notice was published on January 21
and 28, 2018. The agendas for both the Zoning Commission and City Commission will be
published at least 48 hours prior to the meeting and will include hyperlinks whereby community
members may see the full text of the proposed ordinance and this report. This scope and number
of notices exceeds both state and locally adopted noticing requirements.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Bozeman City Commission, PO Box 1230, Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The complete application includes
presentations, notes, comments, questionnaires used to create the draft code being reviewed.
Provisional Ordinance 1994