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20035 Staff Report for a Text Amendment for Tables 38.310.040B,
38.310.040.D, and 38.310.040.E Revising Allowed Uses and Standards,
Ordinance
Public Hearings: Bozeman Zoning Commission - Tuesday, July 14, 2020 via WebEx.
Links will be provided with agendas not less than 48 hour prior to any meeting and
are available at the bottom of the City’s main webpage in the calendars section.
Bozeman City Commission - Monday, August 3, 2020 via WebEx. Links will be provided
with agendas not less than 48 hour prior to any meeting and are available at the
bottom of the City’s main webpage in the calendars section.
Project Description: Amend allowed uses in the ground floor of buildings, location
restrictions, and review processes in B-1, B-2, B2-M, B-3, UMU, REMU, NEHMU,
BP, M-1, M-2 zoned districts.
Project Location: The proposed amendment would apply to B-1, B-2, B2-M, B-3, UMU,
REMU, NEHMU, BP, M-1, M-2 zoned districts.
Recommendation: Meets criteria for approval of Staff-prepared ordinance
Recommended Zoning Commission motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20035 and
move to recommend approval of Ordinance 2046.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20035 and
move to provisionally adopt Ordinance 2046.
Report: July 7, 2020
Staff Contact: Chris Saunders, AICP, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted, Staff analysis, and public
comment received to date.
Unresolved Issues
None.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 2 of 13
Project Summary
The City received a submission via the UDC Community Platform, requesting revisions to
the UDC to allow for office use on the ground floor of buildings in the B-3 district, except in
the downtown core unless primary access is from an alley. The timing of the application and
the new policy of processing biannual text amendments to the Unified Development Code
(UDC) resulted in this request being batched with planned Spring 2020 amendments. Those
amendments were delayed due to COVID-19 restrictions.
During review of the submitted amendment, Staff identified several related items including
incorrect inclusion of footnotes to irrelevant districts, conflicts between the intended outcome
of the establishment of the Block Frontage system for form based design, and the use tables
in 38.410.040. As all these items are connected and impact the same intended outcome, Staff
included them as part of this proposed amendment and Ordinance 2046. The resulting
Ordinance is more permissive than originally proposed on the Community Platform. The
draft Ordinance presented is also responsive to public comment received during this process
and attached to this report.
1. Revise Table 38.310.040.B, Permitted services and temporary lodging uses in
commercial, mixed-use, and industrial zoning districts of the Bozeman Municipal
Code, by removing Note 3 to allow Offices, Medical and dental offices, clinics and
centers on the ground floor in all Storefront Block Frontage designations in the
applicable zoning districts shown in the table. Retain a revised Note 3 to more clearly
establish standards for certain uses in the B-3 zoning district. Remove duplicate
review processes for the same use in the same district.
2. Revise Table 38.310.040.B, Permitted services and temporary lodging uses in
commercial, mixed-use, and industrial zoning districts of the Bozeman Municipal
Code, by adding a new note to designate uses not allowed on the ground floor in the
Downtown Core.
3. Revise Table 38.310.040.D, Permitted industrial and wholesale uses in commercial,
mixed-use, and industrial zoning districts of the Bozeman Municipal Code, by
changing Note 3 to designate uses not allowed on ground floor in the Downtown
Core, to remove Note 4, and renumber references as needed and reflect in the table.
4. Revise Table 38.310.040.D, Permitted industrial and wholesale uses in commercial,
mixed-use, and industrial zoning districts of the Bozeman Municipal Code, to revise
allowed locations for Manufacturing, artisan and Manufacturing, light on the ground
floor within the Downtown Core of the B-3 zoning district. To remove duplicate
review process for the same use in the same district.
5. Revise Table 38.310.040.E, Permitted public, regional, recreational, cultural and
accessory uses in commercial, mixed-use, and industrial zoning districts of the
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 3 of 13
Bozeman Municipal Code, by changing Note 3 to establish uses not allowed on
ground floor in the Downtown Core of the B-3 zoning district.
Alternatives
1. Recommend approval of the amendment as submitted by the applicant and direct Staff to
revise the associated ordinance;
2. Recommend approval of the amendment with modifications to the recommended zone
text edits and direct Staff to revise the associated ordinance;
3. Recommend denial of the amendment based on the Zoning Commission’s findings of
non-compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
Text Amendment ................................................................................................................ 5
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 10
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 11
APPENDIX D – ...................................................................................................................... 12
OWNER INFORMATION AND REVIEWING STAFF....................................................... 12
FISCAL EFFECTS ................................................................................................................. 12
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 4 of 13
ATTACHMENTS ................................................................................................................... 13
SECTION 1 - MAP SERIES
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 5 of 13
The Zoning Map is available on the City’s website: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning SECTION 2 - RECOMMENDATION AND FUTURE
ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval as detailed in the Staff-prepared Ordinance.
Public Hearings: Bozeman Zoning Commission - Tuesday, July 14, 2020 via WebEx. Links
will be provided with agendas not less than 48 hour prior to any meeting and are available at
the bottom of the City’s main webpage in the calendars section.
Bozeman City Commission - Monday, August 3, 2020 via WebEx. Links will be provided
with agendas not less than 48 hour prior to any meeting and are available at the bottom of the
City’s main webpage in the calendars section.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS
AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigate negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 6 of 13
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed text amendment (as presented by Staff in the Draft Ordinance) is in
accordance with the adopted growth policy. Allowing offices and other uses on the ground
floor of buildings in all commercially zoned areas is expected to provide more opportunities
for small business entrepreneurship by increasing the supply of office space throughout
Bozeman and allowing more flexibility for commercial spaces, allowing buildings to be more
resilient to economic hardship. The Ordinance also removes various errors and duplications
that enable the code to be more consistently applied.
In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The following statements from
the adopted growth policy support this zone text amendment:
• 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 (Page 1-3).
• Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city (Page 1-4).
• Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center (Page 8-4)
• Objective ED-1.1 Support business creation, retention, and expansion. Emphasize
small businesses, ‘green’ businesses, and e-businesses (Page 8-4)
• Objective ED-3.2: Encourage sustainable development to minimize costs to
businesses and customers and protect quality of life.
• Objective ED-2.9: Create a more collaborative and effective working partnership
between the business community and the City of Bozeman and effectively manage
the City of Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth. (Source: Bozeman Economic Development
Plan) (Page 8-5).
Staff finds that the request from the submittal to allow offices in the downtown core of the B-
3 district if primary access is from an alley may not be in accordance with the growth policy.
Before any site approval is granted adequate access must be demonstrated. Being that the
alleys do not meet City of Bozeman street standards, do not have pedestrian facilities, and are
heavily trafficked by trucks, allowing primary access solely from alleys to businesses does
not conform with the vision statement of the growth policy that mandates preservation of
health, safety, and quality of life. However, if adequate improvements to alleys are made to
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 7 of 13
meet all required standards either independently or in conjunction with street access then
approval is acceptable. This illustrates the need to consider the application of the adopted
zoning as part of determining of growth policy compliance is met. This application occurs on
a case by case basis with potentially different outcomes depending on the circumstances of
each site.
B. Secure safety from fire and other dangers.
Yes. The proposed changes to allow offices and other uses on the ground floor of buildings
will not affect safety from fire and other dangers. The City’s building codes reduce reliance
on zoning to address other elements of public safety. For example, requirements for fire
sprinklers for larger buildings or grease traps for restaurants are addressed in the building
codes but not in the zoning code. In addition, the development review process lays out the
backbone for public infrastructure. This includes most water, sewer, stormwater, and street
facilities. Development review (both zoning and subdivision procedures) gives a final check
on infrastructure capacity when there is a known intended intensity of use and condition of
facilities.
C. Promote public health, public safety, and general welfare.
Yes. One of the goals of allowing offices and other uses in the ground floor of buildings as
described in the Ordinance is to increase supply and create more diverse options in order to
encourage small business growth and further Bozeman’s entrepreneurial economy. This
supports Goal 2.1 – Business Growth in the Strategic Plan, which focuses on encouraging
new and existing businesses and supporting retention and growth of both the traded and local
business sectors. Allowing more flexibility in size and location of office space, creates
opportunities for businesses to become more adaptable, encouraging the feasibility of
business growth and retention. As the City and larger community deal with the consequences
of the ongoing COVID pandemic the need for flexibility to meet rapidly changing conditions
is needed to address the general welfare of the community. The amendments do not detract
from provision of essential services such as clean water or emergency services.
D. Facilitate the provision of transportation, water, sewage, schools, parks and
other public requirements.
Yes. This text amendment will not fundamentally change the allowed uses in commercial
districts and therefore will have no impact on transportation, water, sewage, schools, parks,
and other public requirements. The existing standards adequately address this criterion.
E. Reasonable provision of adequate light and air.
Neutral. Bozeman has established generally applicable standards for setbacks, park
dedication, on-site open space, and building design standards to address this requirement.
In addition, the building codes have standards for ingress and egress, ventilation, and related
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 8 of 13
subjects that further support delivery of adequate light and air. Allowing offices or other uses
on the ground floor of buildings will not impact these existing standards related to providing
adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. Allowing offices and other uses to be located on the ground floor of buildings will
increase the supply of offices in Bozeman and create more locations throughout the City for
residents to work which will likely create shorter commutes and encourage the use of multi-
modal transportation.
G. Promotion of compatible urban growth.
Yes. Allowing offices and other uses on the ground floor of buildings will create more
viable locations for offices and businesses to operate from, which will create opportunities
for residents to live closer to work, reducing commute times and the necessity for vehicular
travel.
The original amendment proposal to the Community Platform only addressed the B-3 district
which limited its affect. The Staff proposed Ordinance is more broad and addresses
development at both the interior and exterior of the community. The amendment does not
materially alter the uses allowed in the affected zoning districts. It does make minor but
important modifications in configuration of uses within buildings.
Section 38.700.040, BMC defines the factors considered in determining compatibility. This
definition emphasizes the importance of integrating development with existing community
systems which is what this text amendment will accomplish by creating more available
options for offices to locate, removing the need to segregate office spaces within business
parks, far away from residential districts.
H. Character of the district.
Yes. This text amendment is specifically tailored to preserve the character of the Downtown
District core by limiting configuration of offices on the ground floor. The current restriction
on office locations was originally adopted at the request of the Downtown organizations to
preserve a high activity character along Main Street. These limitations have not been sought
elsewhere in the community. Therefore, the amendments will not affect the character of other
existing commercial districts.
I. Peculiar suitability for particular uses.
Yes. The uses are already allowed in commercial districts. This amendment would allow
offices and other uses on the ground floor in certain areas, as opposed to entrances and
lobbies which is the current standard.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 9 of 13
J. Conserving the value of buildings.
Yes. The additional flexibility in building use will prevent buildings from sitting vacant due
to regulatory limits. This can help maintain the value of buildings including Bozeman’s most
historic buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As Bozeman continues to experience high levels of sustained growth, providing
business owners with flexible space options is an appropriate use of the land.
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.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 10 of 13
APPENDIX A - DETAILED PROJECT DESCRIPTION
AND BACKGROUND
The Planning Office received a submission via the UDC Community Platform, requesting
revisions to the UDC to allow for office use on the ground floor of buildings in the B-3
district, except in the downtown core unless primary access is from an alley. The timing of
the application and the new policy of processing biannual text amendments to the Unified
Development Code (UDC) resulted in this request being batched with planned Spring 2020
amendments which were delayed due to COVID-19 restrictions.
The original request included:
1. Revise Sec. 38.300.110.D – Commercial and mixed-use zoning districts – intent and
purpose – Downtown district (downtown B-3) to add language which would allow
offices to be located in the downtown core if the primary access is from the alley.
2. Revise Table 38.310.040.B to add a new footnote to allow offices on the ground floor
of buildings in the B-3 district except in the downtown core, unless primary access is
from an alley.
3. Revise Table 38.310.040.D to amend Footnote 3 to allow offices on the ground floor
of buildings in the B-3 except in the downtown core, unless primary access is from an
alley.
4. Revise Table 38.310.040.E to amend Footnote 3 to allow offices on the ground floor
of buildings in the B-3 except in the downtown core, unless primary access is from an
alley.
Staff has discussed these revisions at length and determined that they should be supported
with some expansions to address related issues.
Staff has determined that allowing offices on the ground floor in all commercial districts,
aside from the B-3 downtown core should be allowed to increase availability of office space
and provide the public with more business opportunities. Bozeman is a town of entrepreneurs
and it is to the City’s benefit to facilitate the creation of small business and this amendment
would work towards that goal.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This Zone Text Amendment notice was submitted for publication in the Bozeman Daily
Chronicle for 3/01/2020, 3/8/2020, and 3/22/2020. Due to the interruption in City operations
due to COVID the review was rescheduled. New notices were prepared and published on
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 11 of 13
6/28/2020, 7/12/2020, and 7/26/2020 to present the updated schedule and content of the
amendment.
Two public comments were received as of the writing of this Staff Report. Both comments
were in support of the amendment and requested additional revisions. The commenter used
the building located at 9 East Main as an example for buildings within the downtown core
that have commercial spaces located in the rear of the building behind commercial retail
spaces. The commenter proposed language to the code that would allow offices be located in
the downtown core if they are located to the rear of the building.
APPENDIX C - PROJECT GROWTH POLICY AND
PROPOSED ZONING
Zoning & Growth Policy Designation Correlation:
Due to the range of districts affected by the proposed amendment there are multiple growth
policy future land use categories in which the amendment will apply. No element of the
amendment changes the zoning map. Therefore all implementing zoning districts shown in
the Table below remain as is.
Plan Categories within which the amendments will apply: Residential Emphasis Mixed Use,
Regional Commercial and Services, Community Core, Community Commercial Mixed Use,
Business Park Mixed Use, and Industrial.
Affected Zoning Districts: B-1, B-2, B2-M, B-3, UMU, REMU, NEHMU, BP, M-1, and M-
2.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 12 of 13
Table C-16 Zoning Correlation With Land Use Categories
Zoning Districts
Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ●
Residential
Mixed Use
Emphasis
● ● ● ● ● ●
Suburban Residential ● ● ●
Regional
Commercial and Services ● ● ● ●
Community Core ● ● ●
Community Commercial Mixed-Use ● ● ● ● ●
Business Park Mixed Use ● ● ● ●
Industrial ● ● ● ● ●
Public Institutions ●
Parks, Open Space, and Recreational
Lands*
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
APPENDIX D –
OWNER INFORMATION AND REVIEWING STAFF
Applicant/Representative: City of Bozeman, PO Box 1230, Bozeman MT 59771
Report By: Chris Saunders, AICP, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. There are no known budgeted expenditures for
this amendment.
20035 Staff Report for a Text Amendment for Tables 38.310.040B, 38.310.040.D, and
38.310.040.E Revising Allowed Uses and Standards
Page 13 of 13
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
• Application form
• Draft Ordinance
• Public Comments