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HomeMy WebLinkAbout02-26-18 City Commission Packet Materials - C11. REVISED MEMO AND ORDINANCE - 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 in response to public comment and commission discussion and collectedly referred to as “Pile B” amendments, Application 17597. This staff report replaces the staff report dated February 15, 2018 for this consent item. The draft Ordinance 1994 attached to that staff report inadvertently omitted sections 2 and 3 of the ordinance provisionally adopted by the City Commission at its regular meeting on February 12, 2018. 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 to finally adopt Ordinance 1994, the “Pile B” zone text amendment. BACKGROUND: The City Commission held a public hearing on February 12, 2018 and provisionally adopted Ordinance 1994 which amends the Bozeman Municipal Code as follows: 1. Section 38.340.070.A. Expand deviations from underlying zoning requirements to include new construction in the Neighborhood Conservation Overlay District. 2. Section 38.340.080. Amends criteria for 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. The draft ordinance for provisional adoption included one other proposed amendment to section 38.340.070.A.1 that was deleted by the Commission during the public hearing. That proposed amendment was to add evaluation of the “overall pattern of the neighborhood” when considering applications for Certificates of Appropriateness. With that deletion, the ordinance was provisionally adopted on February 12, 2018. The vote was 5:0. If final adoption occurs, the ordinance will be effective on March 31, 2018. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified Attachments: Ordinance 1994 for final adoption Report compiled on February 22, 2018 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. 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 Section 38.340.070.A of the Bozeman Municipal Code be amended as follows: Sec. 38.340.070. – Deviations from underlying zoning requirements. Ordinance No. 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: 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. Ordinance No. 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 the class range from kindergarten to 12th grade and which are either subject to MCA Ordinance No. 1994 “Pile B” Zone Text Amendments Page 5 of 7 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. Section 11 Ordinance No. 1994 “Pile B” Zone Text Amendments Page 6 of 7 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. Ordinance No. 1994 “Pile B” Zone Text Amendments Page 7 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 City Attorney