HomeMy WebLinkAbout03-19-18 City Commission Packet Materials - A1. Ordinance 1997 Final, Emergency and Transitional HousingCommission Memorandum
REPORT TO Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Martin Matsen, Director of Community Development
SUBJECT: Final adoption of Ordinance 1997, a text amendment of the Bozeman
Municipal Code to establish Transitional & Emergency Housing use
and associated standards and place it in specific zoning districts.
Application number 18011.
MEETING DATE: March 19, 2018
AGENDA ITEM TYPE: Action
RECOMMENDATION: Final adoption of Ordinance 1997, the Emergency & Transitional
Housing text amendment.
RECOMMENDED MOTION: “Having reviewed and considered the ordinance text, public
comment, and all the information presented, I move to finally adopt Ordinance 1997, the
Transitional & Emergency Housing Municipal Code text amendment.”
BACKGROUND: The City Commission held a public hearing on February 12, 2018 and
provisionally adopted Ordinance 1997. The ordinance amends the Bozeman Municipal Code to
create emergency and transition housing residential type. Portions of the municipal code to be
amended are: Chapter 38, Unified Development Code, to add section 38.700.180 to define
Emergency and Transition housing, to amend articles 38..310.040 to assign Emergency and
Transitional Housing as a use in all residential zoning districts except Community Business and
Light Manufacturing districts, add section 38.360.135 Index of supplementary use criteria,
amend table 38.540.050-1 to prescribe parking requirements, and to amend 38.700.090 the
definition of Household.
The Commission amended the motion to develop “guidance standards” for the establishment of
Emergency and Transitional Housing in the community. The guidance ought to include policies
to assist the siting of such operations. The amended motion passed (4:1). The main motion
passed 5:0.
UNRESOLVED ISSUES: None
ALTERNATIVES: As directed by the Commission
FISCAL EFFECTS: None identified
Attachments: Ordinance 1997
Report compiled on March 12, 2018
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Page 1 of 10
ORDINANCE NO. 1997
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO AMEND THE UNIFIED DEVELOPMENT CODE, CHAPTER 38 OF
THE MUNICIPAL CODE TO ADD TRANSITIONAL AND EMERGENCY HOUSING AS
AN AUTHORIZED USE.
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 propose text amendments adding transitional and
emergency housing as an authorized use, to be noticed and brought 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 3:1 to recommend adoption of the proposed amendments.
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Page 2 of 10
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 Title 76, Chpt. 2, part 3, MCA
(municipal zoning).
4. Public hearings have been duly noticed and held before the Zoning Commission and 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. The 2009 Bozeman Community Plan recognized that homelessness exists in Bozeman.
Local organizations with which the city has partnered on issues of affordable housing and
homelessness, including the Bozeman office of the Human Resource Development Council
(HRDC), have provided the city with recommendations on addressing the housing needs
of residents who are, for whatever reason, temporarily without permanent and secure
housing.
8. According to the National Alliance to End Homelessness (https://endhomelessness.org),
emergency shelters play a critical role in connecting people experiencing homelessness
with stable, permanent housing. People experiencing a housing crisis or fleeing an unsafe
situation need to find temporary housing quickly. Emergency shelters and interim housing
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are part of an effective crisis response system that identifies and quickly connects people
who are experiencing or are at risk of experiencing homelessness to housing assistance and
other services.
9. A study produced by HRDC and the Montana Healthcare Foundation in 2017, Assessing
Community Costs of Chronic Homelessness in the Gallatin Valley, reported each
chronically homeless resident costs Bozeman-area institutions, supported by taxpayers and
charitable donors, more than $28,000 per year.
10. Transitional and emergency housing provides short-term accommodation that assists
homeless residents of the city to secure permanent housing. Because there is a homeless
population in Bozeman, there is a need for transitional and emergency housing within the
city.
11. Transitional housing programs provide individuals and families with safe and supportive
housing along with case management services that enable participants to work toward self-
sufficiency and permanent, stable housing.
12. Authorizing this type of use will allow governmental entities and nonprofit organizations
to accept donated structures in any area of the city and, subject to the requirements of this
Ordinance and other applicable law, repurpose them for this type of use.
13. Authorizing this type of use will promote the health, safety, and welfare of city residents
by ensuring their housing needs are addressed.
Section 2
That division 38.310 of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.030. – Authorized uses – residential zoning districts.Table 38.310.030.A– Permitted
general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P= Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; -- = Uses which are
not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
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Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Group residential
Transitional and emergency housing
(38.360.135)* & related services
S S S S S S S S
Sec. 38.310.040. – Authorized uses – commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.C– Permitted residential uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P= Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; -- = Uses which are
not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-1 B-2 B-2M B-3 UMU REMU NEHMU BP M-1 M-2 PLI
Group residences
Transitional and
emergency housing &
related services
(38.360.135)*
-- S S S S S S S S -- S
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Section 3
That section 38.360.135 be added to the Bozeman Municipal Code to read as follows:
38.360 Index of supplemental use criteria
Sec. 38.360.135. – Transitional and Emergency housing.
A. Purpose and intent. The purpose of this section is to provide for the regulation of
transitional and emergency housing and related services to ensure compatibility of uses
and to promote public health, safety and welfare.
B. Applicability. This section applies to all transitional and emergency housing and related
services as defined in 38.700.180.
C. Required standards. All applicable development standards of this chapter apply unless
noted in this subsection C. In addition, the following standards must be met in order for a
special use permit to be granted for the use:
1. Transitional and emergency housing may be provided in:
a. A shared structure on any level where residential use is allowed;
b. A mixed-use structure on any level where residential use is allowed;
c. Detached ground-level units only if the units include individual bathrooms.
2. The structure must be on a permanent foundation.
3. The tract or parcel of land on which the use is proposed must be under single
ownership, or the application for the use must be filed jointly by all of the owners
of the property to be included in the development.
4. On-site facilities and related services are provided only for the residents of the
transitional and emergency housing unless the provision of such services to non-
residents is permitted in the applicable zoning district.
5. This use is exempt from parkland dedication requirements. Open-space
requirements per section 38.520.060 apply.
6. A management plan from the applicant addressing the following factors:
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a. Provision for continuous on-site management from an employee or volunteer
during all hours of operation.
b. Staff training.
c. Intake screening of clients to insure compatibility with services provided at the
facility.
d. Client code of conduct.
e. Provision of on-site storage for clients’ belongings.
f. Security measures to be adopted.
D. Additional criteria. The review authority may, in its sole discretion, apply additional
criteria the review authority deems necessary to mitigate impact(s) of the proposed use as
a condition of approving a special use permit, including but not limited to:
1. The site where such use is proposed is within ¼ mile of a sheltered public transit
stop.
2. Limitation on the maximum occupancy and/or number of beds provided by the
facility.
Section 4
That table 38.540.050-1 of the Bozeman Municipal Code, be amended as follows:
Sec. 38.540.050. – Number of parking spaces required.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Transitional and emergency housing 0.25 spaces per person of approved capacity 1,2
1. A facility may request to provide fewer parking spaces if the applicant provides evidence that some or all
residents are prohibited from operating motor vehicles. Under no condition may less than two parking
spaces be provided. If the use of the facility is altered to serve a different population who may operate
motor vehicles, then the additional required parking must be provided before the change in use may occur.
2. Additional services and facilities to serve non-residents must provide parking in accordance with this Table
38.540.050-3.
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Section 5
That section 38.700.090 of the Bozeman Municipal Code be amended as follows:
Sec. 38.700.090. – H definitions.
Household.
A. A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other duly
authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Persons or groups granted a request for a reasonable accommodation to reside as a single
housekeeping unit pursuant to section 38.35.090.
5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature; or
c. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
d. Any group of individuals living in a structure permitted as transitional or emergency
housing pursuant to this chapter.
Section 6
That section 38.700.180 of the Bozeman Municipal Code be amended as follows:
Sec. 38.700.180. – T definitions.
Transitional and emergency housing. The use of a site by a government or non-profit agency
for individuals and/or households who are making the transition from homelessness to community
living or who are in need of emergency housing. Other names for this use include warming center,
transitional shelters, transitional living programs and transitional housing programs. This type of
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use may include on-site related services and facilities for residents and may also include services
and facilities for non-residents if permitted by the underlying zone.
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.
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.
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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 April 18, 2018.
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Page 10 of 10
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 19th
day of
March, 2018. The effective date of this ordinance is April 18, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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