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19403, Staff Report to Amend Chapter 38 of the Bozeman Municipal Code to
Improve Consistency in Application of Standards, Ordinance 2029
Public Meeting/Hearing Dates:
Design Review Board meeting is on Wednesday, October 23, 2019 at 5:30 p.m.
City Commission meeting is on Monday, October 28, 2019 at 6:00 p.m.
Project Description: Zone text amendments to revise sections including submittal
requirements for landscape plans, UMU district special standards, landscape plan
review, mandatory landscaping provisions, landscape performance standards,
landscape completion, permitted general sales uses, sketch plan review, group living,
and parking space requirements for restaurants and entertainment centers.
Project Location: These amendments apply to the entire City and all zoning districts as
detailed in the text.
Recommendation: Approval of Ordinance 2029.
Recommended Design Review Board 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 19403 and move to
recommend that the City commission adopt Ordinance 2029 zone text amendment.
Recommended City Commission 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 19403 and move to provisionally adopt Ordinance 2029.
Report: October 23, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 2 of 8
Project Summary
The City of Bozeman generally updated Chapter 38 of the Bozeman Municipal Code with
adoption in January 2018. The revised development code became effective on March 31,
2018.
The City of Bozeman applies to revise Chapter 38 of the Bozeman Municipal Code to
improve consistency in the application of standards, remove unused definitions, and to revise
the landscaping standards to be easier to understand and administer.
The following summarizes the location and changes proposed to the Bozeman Municipal
Code. See Appendix A for further background discussion and rationale. The full draft
ordinance with proposed changes is attached to this report. The DRB’s duties are relevant to
Sections 1-6 of the ordinance.
1. Revise Section 38.2220.110 Submittal Requirements For Landscape Plans to remove
reference to 38.550.060 and landscaping points. 2. Revise Section 38.330.010 UMU District Special Standards to remove reference to 38.550.060 and associated landscaping requirements. 3. Revise Section 38.550.040 Landscape Plan Review to remove reference to 38.550.060
and associated landscaping requirements.
4. Revise Section 38.550.050 Mandatory Landscaping Provisions to relocate certain elements of 38.550.060, to revise minimum standards for landscaping for all applications that require a landscaping plan, and include cross references to other related portions of the municipal code.
5. Delete Section 38.550.060 Landscape Performance Standards
6. Revise Section 38.550.090 – Landscape Completion to modify requirements for guarantees for completion of certain types of landscaping. 7. Revise Table 38.310.040.A Permitted general sales uses in commercial, mixed-use, and industrial zoning districts to remove Automobile, boat or recreational vehicle sales,
service and/or rental as a permitted use for three zoning districts.
8. Revise Section 38.230.070 Sketch Plan Review to authorize review of accessory dwelling units in the Residential Office RO, and Residential High Density Mixed Use R5 district as a sketch plan, and authorize review of Group Living for 8 persons or less on a single residential lot as a sketch plan.
9. Revise Section 38.360.130 Group Living to revise the area required per person in
different zoning districts to correlate with prior changes to minimum lot sizes. 10. Revise Table 38.540.050-6 to revise the number of bicycle parking spaces required in certain areas of the B2-M zoning district to change from 5 to 2.5 spaces per 1,000 square feet for some uses.
11. Revise Section 38.700.140 to delete the definition of Open sales (or rental) lot.
Alternatives
1. Direct revisions to the ordinance.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 3 of 8
2. Do not adopt the ordinance, or
3. Request additional information and continue further discussion of the ordinance.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
APPENDIX A - PROJECT BACKGROUND ......................................................................... 6
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 8
FISCAL EFFECTS ................................................................................................................... 8
ATTACHMENTS ..................................................................................................................... 8
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for municipal code amendment, Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on the text amendments on Tuesday, October
1, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting began at
6 p.m.
The Design Review Board will hold a public meeting on the text amendments on
Wednesday, October 23, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman.
The meeting will begin at 5:30 p.m.
The City Commission will hold a public meeting on the text amendments on Monday,
October 28, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 4 of 8
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. 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 proposed amendments do not modify the zoning map. Therefore, compliance with
the future land use map is not applicable for this application.
Modifications to the text do implement several implementation policies of the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the concerns
being addressed.
2) Ensure that municipal ordinances provide for adequate mitigation of identified
development impacts. a. Review and evaluate for effectiveness, and as necessary modify,
each City program or policy at least every five years.
4) Ensure that development procedures and requirements are predictable, clear, timely,
and effective while ensuring adequate review of community and environmental impacts
9) Encourage infill and redevelopment which is respectful of its context.
16) Review and update regulations as necessary so that clear and effective standards are
provided.
The proposed amendments improve efficiency by removing redundant text. The landscaping
points section 38.550.060 is one of the most complicated elements of the code. The initial
development of the section relied upon a more suburban oriented setback dimensions and
expectations for development. As the City has evolved more urban focused development
standards it has been increasingly difficult to meet the requirements of 38.550.060. The
consolidation of key elements into the mandatory landscaping requirements and removal of
the points process will materially simplify the development application preparation and
review processes. All projects that required a landscaping plan will still require a landscaping
plan. The contents will be simplified.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 5 of 8
Revisions to lot area required for group living and authorizing limited group living through a
sketch plan review will support utilization of the existing housing stock. This supports infill
by putting to use the existing housing and infrastructure capacity. The limits on density for
group living will keep the use respectful of its context.
B. Secure safety from fire and other dangers.
Yes. The adopted standards of the municipal code that address this criterion will not be
modified by this ordinance. Therefore, this criterion remains satisfied with the overall
municipal code.
C. Promote public health, public safety, and general welfare.
Yes. The adopted standards of the municipal code that address this criterion will not be
modified by this ordinance. Therefore, this criterion remains satisfied with the overall
municipal code.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The proposed amendment does not modify any standard within the UDC for provision
of the listed services. Therefore, these services will continue to be provided as before. A
greater proportion of plantings are required to be drought tolerant than before which will
potentially lessen water use.
E. Reasonable provision of adequate light and air.
Yes. This is not applicable for the proposed amendment as it does not change any standard
affecting this criterion. Therefore, the standards addressing this criterion remain in effect and
will ensure adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment does not modify any standard for provision of the listed
services. Therefore, these services will continue to be provided as before.
G. Promotion of compatible urban growth.
Yes. The proposed revisions to landscaping support a more urban development pattern. No
change to the zoning map or uses allowed in districts is made by this ordinance. Therefore,
the standards which address compatibility are supported.
H. Character of the district.
Neutral. The amendments do not modify the uses allowed in individual districts. They do not
modify setbacks, heights, or other elements of the code that help define the character of a
particular zoning district.
I. Peculiar suitability for particular uses.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 6 of 8
Neutral. This is not applicable for the proposed amendments.
J. Conserving the value of buildings.
Yes. The scope of the amendments do not alter uses within districts or add requirements for
use of buildings. No existing buildings will become non-conforming to standards due to these
amendments. No new buildings will be required to meet higher standards due to these
amendments.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. The proposed amendment does not alter the zoning map.
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.
APPENDIX A - PROJECT BACKGROUND
The City is establishing a semi-annual text amendment program for Chapter 38, Unified
Development Code. Chapter 38 addresses most standards and procedures applicable to land
development. As the City continues to grow rapidly it is necessary to evaluate and where
necessary update the chapter.
There was a short time frame available to prepare these amendments. Staff selected several items
that did not require substantial text drafting but would address issues being frequently seen in
development review, would remove unnecessary text, and would lessen administrative burdens
thereby opening staff time to work on other more material changes in the future.
Sections 1-6 in this ordinance all address landscaping standards with the primary action being to
delete the landscaping performance points system and upgrading the mandatory landscaping
elements. The performance points system is suburban in nature, complex, and time consuming
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 7 of 8
during plan development, review, and follow-up. The City’s development standards are
increasingly urbanized with smaller setbacks and more intensive construction. New standards in
Article 5 of Chapter 38 integrate landscaping into many elements. The total result of these
changed circumstances is that substantial public and private effort is put into demonstrating
compliance with the point system with diminishing value in the ultimate outcome.
The ordinance removes the point system entirely. Elements of the outcome of the point system,
such as having adequate tree cover in parking lots, have been moved to the mandatory
landscaping section. This maintains the primary public benefits of landscaping in new
development with a simpler process and standard.
Section 7 changes how certain projects must be reviewed in order to be approved by the City.
The Commission has recently revised the review processes for accessory dwellings. The
authorization for ADUs is in Table 38.360.040. In that table some ADUs are clearly identified as
a special use permit review. Others are listed as permitted use. Permitted uses may be reviewed
either as sketch plans or as site plans. Due to the considerable difference in information required
and review time between sketch plans and site plans is important to clearly identify the review
process required. This change sets the review process as the less rigorous sketch plan review.
The City has for many years allowed up to four homes in a single structure and on a single lot to
be reviewed as a sketch plan. Various other uses with similar intensity of impacts have also been
allowed to be reviewed as a sketch plan. A sketch plan review checks for compliance with
applicable zoning standards but does not require some of the more extensive requirements such
as full landscaping and topographic plans. Noticing is also less rigorous as it has been
determined that the limited level of intensity allowed minimizes the likely impact on adjacent
properties.
The City developed the Group Living land use, defined in 38.700.080, to enable flexibility in use
of property and to provide a diverse opportunity for housing within the bounds established for
the use. Group Living is a permitted use in all residential districts. The scope of Group Living
spans from adding just one more person to a property to development of large residential
complexes. Due to this wide range, Group Living has been reviewed through the more extensive
site plan process. The ordinance authorizes Group Living within specific limits which constrain
the impact and scale of the use to be reviewed as the less rigorous sketch plan process. All the
applicable development standards for density and parking, setbacks, building heights, etc. remain
unchanged. This change will support flexibility in the use of existing and new homes.
Section 8 of the ordinance removes from the non-residential land use table a listed use which is
duplicative to the general authorization for retail uses in those districts. This was an oversight in
the overall code revisions in effective in 2018. Having the same activity listed twice leads to
confusion.
Staff Report for Ordinance 2029, Amending Chapter 38 of the Bozeman Municipal Code to Improve
Consistency in Application of Standards
Page 8 of 8
Section 9 of the report revises the land area per person required for Group Living to parallel the
intensity allowed for defined households in residential districts. This is a catch up to lot size
changes the Commission approved earlier this year.
Section 10 revises the bicycle parking requirements for development in the B2M district. The
number of bicycles parking spaces being required for larger projects is exceeding what is likely
to be used with regularity given the weather conditions in Bozeman. The City strives to match its
requirements with reasonable mitigation for demand for service.
Section 11 deletes a definition for open sales (or rental) lot that is not used anywhere within the
code.
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 September
15, 2019 and September 29, 2019 in the Bozeman Daily Chronicle. Text amendments are not
posted or mailed. The item appeared on the published agendas for the Zoning Commission,
Design Review Board, and City Commission.
APPENDIX C - APPLICANT INFORMATION AND STAFF
REPRESENTATIVE
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771.
Staff Representative: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text 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.
Draft Ordinance 2029