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18011, Staff Report for the Transitional & Emergency Housing 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 to create a
new residential use and assign it to specific zoning districts with associated review
standards and procedures..
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 18011 and move to
recommend that the City commission adopt Ordinance 1997 the Transitional &
Emergency Housing 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 18011 and move to provisionally adopt Ordinance 1997 the Transitional
& Emergency Housing zone text amendment.
Report Date: January 30, 2018
Staff Contacts: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 2 of 13
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 ......................................................... 10
APPENDIX A - PROJECT BACKGROUND ....................................................................... 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
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. A public request was received for creation of a new land use to address increasing needs for certain housing options in the community. This issue had not been included with the required public notice and could not be addressed with the changes adopted with Ordinance 1978. The City Commission requested that staff respond to the public comments by initiating a text amendment to enable a full discussion of the matter.
Community Development met with the HRDC staff, refined the text amendment, and drafted the attached Ordinance No. 1997. The amendment defines Transitional and Emergency Housing and places this use throughout multiple zoning districts. In addition to modifying zoning district use tables, a review process and minimum standards of use are proposed.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 3 of 13
This use is distinct from all other residential uses presently in the zoning regulations. For
additional details see Appendix A.
Unresolved Issues
None identified at this time.
Zoning Commission Recommendation
The City of Bozeman Zoning Commission will hold a public meeting 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.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 4 of 13
SECTION 1 - MAP SERIES
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 5 of 13
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.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 6 of 13
The Zoning Commission will hold a public hearing on these text amendments on February 6,
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.
A number of goals and objectives in the Bozeman Community Plan apply to this text
amendment. First, Goal H-1 which states, “Promote an adequate supply of safe, quality
housing that is diverse in type, density, cost, and location with an emphasis on maintaining
neighborhood character and stability.” A community needs a variety of housing stock and
possible configurations to accommodate the diversity in personal circumstances and
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 7 of 13
preferences of its population. The type of housing required may be different throughout a
person’s life. A healthy community has a wide range of citizens with differing age,
education, economic condition, and other factors. Stable neighborhoods encourage
reinvestment, both financial and emotional that strengthens and builds the community.
Objective 1.2 continues by, “Encourage the preservation and rehabilitation of the existing
housing stock to protect the health, safety, and welfare of Bozeman residents.” Finally,
Objective 2.1 states, “Encourage socially and economically diverse neighborhoods.”
Goal H-3– Encourage an adequate supply of affordable housing and land for affordable
housing. Rationale: There will always be a portion of the population which earns less than
the median income. This may be for many reasons. This affects the ability to find market rate
housing which is adequate for basic housing needs. Lack of adequate housing effects health,
social stability, and many other issues which can have severe negative and inter-generation
effects. Objective 3.3. – Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman residents.
As described in the rationale for Goal H-3, there are diverse housing needs in a community.
As the community has grown, needs for additional housing types have been identified. In the
past decade the Commission has created new housing types of cottage housing, rowhouses,
and group living to help meet these needs. The proposed amendment continues to create
alternatives to meet presently unmet needs. The proposed amendment does not create a new
building type, rather it creates a new way to use existing building types.
The new use is primarily residential in nature and is proposed to be located in areas where
other residential alternatives are already allowed. This correlation means that the use is
consistent with the future land use map, Figure 3-1, of the Bozeman Community Plan.
Section 3.4 of the growth policy describes the various future land use designations. As
included therein, most of those descriptions include reference to residential as a primary or
supportive use. The proposed amendment does contemplate possible integration of the
residential uses with other uses to provide various services to the residents of Bozeman and
surrounding areas such as medical services or food distribution as well as to on-site residents.
Potentially, some of those supportive services could on their own be an intensive use. The
proposed amendment limits placement of these associated uses to zoning districts where they
are allowed. This will coordinate site specific uses to those allowed in the underlying zone
district and underlying future land use designation. Therefore, the proposed new use is
consistent with the future land use descriptions.
B. Secure safety from fire and other dangers.
Yes. All other applicable development standards and building codes will apply to a proposed
Transitional and Emergency Housing application. These standards and codes are designed to
mitigate impacts, provide a safe environment, and protect from fire and other dangers. The
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 8 of 13
City has extensive experience with these standards and monitors and amends standards as
needed. The standards meet this criterion.
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. The definition of Transitional and Emergency Housing (see Section
6, Ordinance No. 1997) places strict limits on how and whom this use can be used for. In
addition, the requirement that a governmental and/or non-profit organization must own and
operate the facilities provide two critical standards insuring public health, public safety, and
general welfare are promoted.
The Ordinance proposes allowing residential use in commercial and light industrially zoned
areas. Historically the City has purposefully separated these uses in an effort to minimize
non-compatible land use and promote public safety. The City’s evolving development code
furthers controls on land development to minimize this risk it does not eliminate them. On
the other hand, housing is a basic necessity for citizens of the City. Housing type needs vary
greatly and it is the purpose of the City to promote a variety of housing types to meet the
needs of individuals. As noted in the legislative findings 7-13 in Ordinance 1997, provision
of transitional and emergency housing has direct health, safety, and welfare benefits.
Therefore, this criterion is met.
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. Standards are proposed
to accommodate parking for this use. 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.
Neutral. The basic standards for setbacks, dedication of parks, on-site open spaces, etc. that
affect this criterion continued with the proposed ordinance. However, building designs and
locations vary by expected use. Industrial building tend not to accommodate residential use
as well as a building designed for such a use. Whether or not a building identified to be used
for Transitional and Emergency Housing use will need to be analyzed for its suitability based
on site-specific considerations. Never the less, building code standards apply which will
insure a modicum of light and air. Minimum standards for windows and air
circulation/venting remain in the building codes.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 9 of 13
F. Effect on motorized and non-motorized transportation systems.
Yes. The proposed amendments support multi-modal transportation by allowing this use and
supporting services in a wide variety of zoning districts. Allowing Transitional and
Emergency Housing in a variety of districts will increase the probability that the site will be
proximate to other City services, motorized transportation facilities, pedestrian connections
and bicycle pathways.
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.
Neutral. Expanding residential uses into industrial zones does not appear to be congruent
with the character. For example, the M-1 (Light Industrial) district’s intent is to, “provide for
the community's needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities…” Supporting services
for Transitional and Emergency Housing, however, would support the character of this
district. Many non-residential districts allow for some element of accessory residential use.
For example, the M-1 (Light Industrial) district allows for residential uses on the second
floor. These are usually created for live/work or staff housing but are not restricted to these
purposes. Depending on the scope of the residential use allowed they might be consistent
with the character of the district. Due to the very intensive nature of uses in the M-2 (Heavy
Industrial) district and the small size and specific neighborhood support nature of the B-1
(Neighborhood Business) district the new use is not proposed to be included in those
districts.
Similar residential uses are generally permitted in residential zoning districts. In these cases,
it is the supporting services that may, or may not, be in character of the district. Additional
standards are proposed to minimize conflict and reduce unintended consequences. The
Special Use Permit review process enables a detailed review that is adequate to examine the
specific configuration of uses and the scope of those uses on a specific site. Due to the wide
flexibility of different uses which might be combined under the general heading of
Transitional and Emergency Housing it is appropriate for the City to take an objective and
hard look at any proposal. The Special Use Permit process allows the establishment of site
specific conditions to mitigate reasonably foreseeable impacts on adjacent properties. The
combination of review process, special standards, and proper placement in specific zoning
districts allows this proposal to meet this criterion.
I. Peculiar suitability for particular uses.
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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.
Neutral. 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 allow
greater housing variety to meet the needs of a diverse community.
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 have been received.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 11 of 13
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.
As described in the executive summary the Commission directed preparation of the text
amendments described in this report and attached as Ordinance No. 1997. The proposed text
amendment is creating a new use. It is not changing the physical structures or site development
standards of the code. Most of the residential uses allowed in the various residential districts
focuses on the configuration of the building rather than the occupant. For example, a single-
household dwelling is distinguished from a two household dwelling. This addresses how they are
built, with or without shared walls, and what amount of land is required for each but it does not
define who occupies any of the dwellings. Transitional and Emergency Housing focuses on the
characteristics of the use, rather than the building that it may be in.
A comparison of other residential uses to Transitional and Emergency Housing follows.
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 12 of 13
Examples of types of organizations which may utilize the Transitional and Emergency Housing
land use are: Haven – emergency shelter for domestic abuse victims, counseling services,
housing while clients reestablish safe housing; HRDC – warming shelter, transitional housing for
persons moving from homelessness to stable housing, persons transitioning between stable
housing locations, counseling and education services; Family Promise – transitional housing for
parents and dependents moving from homelessness to stable housing and employment.
Use Definition Non-City
regulatory
oversight
after
approval
Required
minimum
area
Lot
coverage,
building
height,
lot width
Parking Residency
duration
Maximum
occupancy
in facility
Review
process
Associated
Services
allowed
Community
residential
facilities
with eight
or fewer
residents
38.42.660 Yes –
state
licensing
Minimum
in
district
by
building
type
Per
zoning
district
Per
person
Not
specified
8 P – All
allowed
districts
Yes
Community
residential
facilities
serving nine
or more
residents
38.42.660 Yes –
state
licensing
Minimum
in
district
by
building
type
Per
zoning
district
Per
person
Not
specified
As
approved
in zoning
review
P – R4,
R5, RO;
C – R3
Yes
Cooperative
household
38.42.760 No Minimum
by
district
by
building
type
Per
zoning
district
Per
person
>30 days As
approved
in zoning
review
C – R1,
R2,
RMH; P
– R3,
R4, R5,
RO
No
Group living 38.42.1275 No Per
Person
by
district
Per
zoning
district
Per
person
>30 days As
approved
in zoning
review
P – all
allowed
districts
Yes
Household 38.42.1420 No Minimum
in
district
by
building
type
Per
zoning
district
Per
bedroom
in
dwelling
>30 days 4
unrelated
or as
allowed
in
definition
P- all
allowed
districts
No
Lodging
houses
38.42.1660 No Minimum
in
district
Per
zoning
district
Per
person
Not
specified
10 P – R4,
R5, RO;
C – R3
No
Transitional
and
Emergency
Housing
See Ord
1997
Yes –
sponsoring
agency or
non-profit
Minimum
in
district
Per
zoning
district
Per
person
Not
specified
As
approved
in zoning
review
S – all
allowed
districts
Yes
18011, Staff Report for Transitional & Emergency Housing Text Amendment Page 13 of 13
Persons relying on transitional and emergency housing may include: victims of domestic
violence, persons who experienced house fires, persons experiencing loss of employment,
homeless persons of all ages, homeless persons seeking to transition to stable housing and
employment.
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 January 21
and 28, 2018 in the Bozeman Daily Chronicle before the public hearings by the Zoning
Commission and City Commission.
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.
Draft Ordinance 1997