HomeMy WebLinkAbout02-26-18 City Commission Packet Materials - C11. Ordinance 1994 Final Adoption, UDC Update Pile B AmendmentsCommission Memorandum
REPORT TO Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Martin Matsen, Director of Community Development
SUBJECT: Final adoption of Ordinance 1994, a text amendment to multiple
sections initiated by the City Commission during consideration of the
Unified Development Code (UDC) update project in response to public
comment and commission discussion and collectedly referred to as
“Pile B” Amendments; subjects included are accessory dwelling units,
standards applicable to cottage housing developments, modifying
requirements for separation of medical marijuana facilities from
schools, and off-site parking for residential uses; Application 17597.
MEETING DATE: February 26, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1994, the Pile B text amendment.
RECOMMENDED MOTION: “Having reviewed and considered the ordinance text, public
comment, and all the information presented, I move final adoption of Ordinance 1994, the Pile B
Municipal Code text amendment.”
BACKGROUND: The City Commission held a public hearing on February 12, 2018 and
provisionally adopted Ordinance 1994. The ordinance amends the Bozeman Municipal Code by
the following and further described in Ordinance No. 1994:
1. Section 38.360.040.B. Standards for detached Accessory Dwellings Units to exceed the
height of the primary structure.
2. 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.
3. Section 38.360.E.1.f. Cottage housing. Eliminate subsection (f) geographic limits of
development.
4. Section 38.360.170.A.1. Medical marijuana. Decrease minimum separation between medical
marijuana facilities and schools.
5. 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.
6. 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.
96
7. 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.
The ordinance included two other possible amendments that were deleted by the Commission
during the public hearing. They included expanding deviations to new structures and including
evaluation of a “neighborhood” when considering applications for Certificates of
Appropriateness. The ordinance was provisionally adopted on February 12, 2018. The vote was
5:0. If final adoption occurs, the ordinance will be effective on March31, 2018.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified
Attachments: Ordinance 1994
Report compiled on February 15, 2018
97
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
January 16, 2018; and voted 1:3 to recommend adoption of the proposed amendments.
98
Ordinance No. 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 the Bozeman Municipal Code be amended by adding subsection 3 to Section
38.360.040.B to read as follows:
99
Ordinance No. 1994 “Pile B” Zone Text Amendments
Page 3 of 7
Sec. 38.360.040.B – Standards for detached ADUs:
A. …
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.
Section 3
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 4
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 5
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
100
Ordinance No. 1994 “Pile B” Zone Text Amendments
Page 4 of 7
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
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 6
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 7
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 8
Savings Provision.
101
Ordinance No. 1994 “Pile B” Zone Text Amendments
Page 5 of 7
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.
Section 9
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 10
Codification.
This Ordinance shall be codified as indicated in Section 2 through 6.
Section 11
Effective Date.
This ordinance shall be in full force and effect on March 31, 2018.
102
Ordinance No. 1994 “Pile B” Zone Text Amendments
Page 6 of 7
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
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
103
Ordinance No. 1994 “Pile B” Zone Text Amendments
Page 7 of 7
City Attorney
104