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HomeMy WebLinkAbout02-12-18 City Commission Packet Materials - AII5. Ord. 1994 Provisional, Pile B UDC UpdatePage 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 316 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. 317 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 held a public hearing on February 6, 2018 and considered the proposed text amendments. In conclusion, the Zoning Commission voted 1:3 to recommend the City Commission adopt the amendments. For a more detailed summary please refer to the attached Zoning Commission report. 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. 318 17597, Staff Report for the “Pile B” Municipal Code Text Amendment Page 4 of 10 SECTION 1 - MAP SERIES 319 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. 320 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. 321 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. 322 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. 323 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. 324 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 Zoning Commission report Public comment letter 325 Page 1 of 7 ORDINANCE NO. 1994 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO MAKE THE AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 38 OF THE MUNICIPAL CODE REFERRED TO AS “PILE B” AMENDMENTS DURING PUBLIC HEARINGS ON THE UDC UPDATE. 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 76-2-304, Mont. Code Ann. and the City Charter; and WHEREAS, The City has had land development regulations since at least 1934 and has amended them from time to time to respond to changes in state law, legal decisions, and changing community needs ; 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, during public hearings considering application No. 15320 (the “UDC Update”) the City Commission directed staff to prepare various text amendments be noticed and brought back to the Zoning Commission and City Commission for consideration; and WHEREAS, the Bozeman Zoning Commission held a duly noticed public hearing on February 6, 2018; and voted 1:3 to recommend adoption of the proposed amendments. 326 Ordinance 1994, “Pile B” Zone Text Amendments Page 2 of 7 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 proposed amendments 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 proposed amendments comply with the requirements of the Montana Subdivision and Platting Act, the requirements Title 76, Chpt. 2, part 3, MCA (municipal zoning). 4. Public hearings have been duly noticed and held before the Zoning Commission and the City Commission on the proposed amendments. 5. Findings presented to the Commission in staff memorandum for the proposed amendments are hereby incorporated into findings for adoption of this Ordinance. 6. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts, enables public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 7. There is an advantage to making regulations as clear and readily understood as possible. 8. It is important to keep the regulations in compliance with the state statutes. 9. 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. Section 2 That Section 38.340.070.A of the Bozeman Municipal Code be amended as follows: Sec. 38.340.070. – Deviations from underlying zoning requirements. 327 Ordinance 1994, “Pile B” Zone Text Amendments Page 3 of 7 A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, some buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration, and rehabilitation and appropriate new construction activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted as described in division 38.250 of this chapter. The criteria for granting deviations from the underlying zoning requirements are: 1. Modifications must be more historically appropriate for the building and/or site in question, and the adjacent properties, and the overall pattern of the neighborhood as determined by the standards in section 38.340.050, than would be achieved under a literal enforcement of this chapter. Section 3 That Section 38.340.080.C be amended as follows: Sec. 38.340.080. – Review of demolition or movement of historic structures or sites. . . . C. Optional provisional review of demolition. A property owner may request provisional review of the proposed demolition of a structure subject to this article prior to submittal of a certificate of appropriateness application for seeking demolition of the structure. The director of community development may establish criteria for the application for provisional review of demolition. Provisional review is advisory only and does not constitute approval to demolish a structure. Provisional review must consider: 1. The property’s historic significance and a neighborhood’s historical significance. . . . Section 4 That the Bozeman Municipal Code be amended by adding subsection 3 to Section 38.360.040.B to read as follows: Sec. 38.360.040.B – Standards for detached ADUs: B. … 3. Notwithstanding the limitations in 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. 328 Ordinance 1994, “Pile B” Zone Text Amendments Page 4 of 7 Section 5 That the Bozeman Municipal Code be amended by adding subsection (h) to Section 38.360.110.E.1 to read as follows: (h) When cottage housing units meet the definition of affordable housing under division 38.380 the maximum units under (d) and (e) do not apply. Every unit in the proposed development would have to be affordable in order to exceed the maximum.” Section 6 That the Bozeman Municipal Code be amended to delete Section 38.360.110.E.1.f as follows: f. Cottage housing subdivisions must be spaced so that the total number of cottages within the area defined by a 500-foot radius from the geographic center of a proposed cottage housing subdivision is no more than 24. The number of cottages within a proposed development is included in the total allowed within the defined area. Section 7 That section 38.360.170.A.1 of the Bozeman Municipal Code be amended to read as follows: Sec. 38.360.170. – Medical marijuana. A. … 1. Unless specifically exempted, any person or existing or proposed entity intending to conduct activities which meet the definitions of "agriculture," "manufacturing," "office" or "retail" as established in division 38.700 of this chapter which is for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana must, in addition to this section, comply with all other provisions of this Code, and must not be located within 1,000 400 linear feet of the exterior property line of: a. All schools or facilities, where students are regularly present, owned or operated by Bozeman School District 7 whether located inside or outside the city limits; or b. All private schools, not including home schools, where students are regularly present, whether located inside or outside the city limits, which provide instruction in 329 Ordinance 1994, “Pile B” Zone Text Amendments Page 5 of 7 the class range from kindergarten to 12th grade and which are either subject to MCA 20-5-109, or listed as a kindergarten provider by the county superintendent of schools. Section 8 That section 38.540.070.A.4 of the Bozeman Municipal Code be amended to read as follows: Sec. 38.540.070. – Off-site parking. A. Any off-side parking used to meet the requirements of this chapter must be reviewed by the community development director for compliance with this chapter and will be subject to the following conditions: . . . 4. Off-site parking for multiple household dwellings may not be located more than 100 300 feet from any commonly used entrance of the principal use served; Section 9 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 10 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. 330 Ordinance 1994, “Pile B” Zone Text Amendments Page 6 of 7 Section 11 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 12 Codification. This Ordinance shall be codified as indicated in Section 2 through 8. Section 13 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 12th day of February, 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH 331 Ordinance 1994, “Pile B” Zone Text Amendments Page 7 of 7 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 26th day of February, 2018. The effective date of this ordinance is March 31, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 332 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Pile B Text Amendments Zoning Commission Report, Ordinance No. 1994. MEETING DATE: February 12, 2018 AGENDA ITEM TYPE: Action RECOMMENDED MOTION: Not applicable. RECOMENDATION: For your consideration. This memo is the report from the February 6, 2018 Zoning Commission meeting. The “Pile B” text amendments were initiated by the City Commission during the review and adoption of the revised Unified Development Code (UDC). The amendments were not included in the original notice and review process. Therefore, the amendments were duly noticed and followed public review process and brought to the Zoning Commission for review and recommendation. The Zoning Commission focused on two concerns. First, whether or not the proposed 22 foot height limit for detached accessory building with an Accessory Dwelling unit above is sufficient height and how this standard was developed. Staff responded by discussing that the standard was evaluated by the local design community through a number scenarios showing the standard is viable and reasonable balancing the competing needs of neighborhood context and functional building forms. Illustrations of the scenarios are attached to this memo. The second concern relates to the phrases “overall pattern of the neighborhood” and “neighborhood’s historical significance”. The Zoning Commission was unable to support the amendment without a quantifiable metric to evaluate these criterion. In conclusion, the Zoning Commission voted 1:3 on the motion to recommend the City Commission adopt the text amendments detailed in Ordinance No. 1994. The video record can be viewed HERE. UNRESOLVED ISSUES: None identified. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: None identified. Report compiled on: February 7, 2018 Attachments: ADU Massing Studies 333 3/12 SHED ROOF-10' WIDE 20' TALL-SINGLE GARAGE 3/12 SHED ROOF-10' WIDE 20' TALL-2 CAR GARAGE 3/12 GABLE ROOF-16' WIDE 20' TALL (DOES NOT WORK FOR HEADROOM & DOORS) FLAT ROOF-16'-24' WIDE 20' TALL 3/12 SHED ROOF-13.5' WIDE 20' TALL-1 CAR GARAGE W/ UPPER AND LOWER ADU? (NOT VERY VIABLE HEADROOM) 3/12 SHED ROOF-22' WIDE 22' TALL 4/12 GABLE ROOF-16' WIDE 22' TALL 3/12 GABLE ROOF-20' WIDE 22' TALL POSSIBLE MAIN HOUSE POSSIBLE MAIN HOUSE POSSIBLE MAIN HOUSE ADU STUDIES FROG ROCK DESIGN, PLLC © FROG ROCK DESIGN 2018 ADU STUDIES-20' OR LESS ADU STUDIES-22' OR LESS ADU STUDIES-20' OR LESS 334 8/12 GABLE ROOF, 4' SIDEWALL-W/ 3/12 SHED 10/12 GABLE ROOF, 4' SIDEWALL-W/ 2/12 SHED 8/12 GABLE ROOF, 5' SIDEWALL-W/ 2/12 SHED SIDE VIEW SIDE VIEW SIDE VIEW POSSIBLE MAIN HOUSE POSSIBLE MAIN HOUSE 12/12 GABLE ROOF, 3' SIDEWALL-W/ 2/12 SHED SIDE VIEW ADU STUDIES FROG ROCK DESIGN, PLLC © FROG ROCK DESIGN 2018 GABLE ADU STUDIES-22' OR LESS 335 February 5, 2018 Bozeman City Commission & Bozeman Planning Board City of Bozeman Department of Community Development 20 East Olive Street Bozeman, MT 59715 RE: Bozeman UDC Updates – “Pile B” Amendments, #17597 City Commission & Planning Board: Please accept this letter of public comment in reference to the “Pile B” amendments of the UDC update. We would like to offer our specific support for amendments 1, 3 and 9 as they will further implement the goals and objectives of the 2009 Downtown Improvement Plan: 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. We agree that new construction should be eligible for deviations based on neighborhood development patterns. This amendment will offer increased flexibility in our most unique part of town which is especially important as we get ready to apply a new set of city-wide codified design regulations to a distinct district like Downtown. The Downtown Plan recognizes this important difference: “The City should adopt a set of regulations that are tailored to downtown… This indicates its importance, that downtown is different than any other part of the community, and that totally different methods and standards will be used” (DBIP, Page 38). To avoid confusion, specific definitions should be established for terms such as “neighborhood” and “appropriateness”. 3. Section 38.360.040.B. Standards for detached Accessory Dwellings Units to exceed the height of the primary structure. Allowing additional flexibility to permit more ADUs is an excellent way to efficiently and add rental housing Downtown which is directly in accordance with adopted Downtown Plan: “The presence of significant housing is the most critical missing piece of Bozeman’s downtown, and for it to be vital and sustainable over time, housing should be developed in great numbers and varieties, at all price-points, both rental and for-sale. This recommendation is a “cornerstone” of this plan…” (DBIP Page 16). 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. This increase in the allowed separation between residential buildings and off-site parking is simply a more reasonable standard that will contribute to further residential development, which again is the cornerstone of the Downtown Plan. Thank you very much for your time and consideration. Sincerely, Chris Naumann, Executive Director 336