HomeMy WebLinkAbout20147 Entryway Facing Street SR & Draft Ordinance 2063Page 1 of 11
20147 Staff Report for the Front Door Must Face the Street Text Amendment,
Ordinance 2063
Public Hearings: Zoning Commission meeting is on November 23, 2020.
City Commission meeting is on December 15, 2020.
Project Description: Clarify the intent of a portion of Ordinance No. 1978 stating that
building entries must face the street for new Single, two, three, and four-household
dwellings. No changes to dimensional standards are included with this amendment.
Revise affected sections to implement the revisions.
Project Location: Revision to the text is applicable City-wide
Recommendation: Meets standards for approval.
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 20147 and
move to recommend approval of Ordinance 2063.
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 20147,
Ordinance 2061 and move to provisionally adopt Ordinance 2063.
Report: November 17, 2020
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
Project Summary
A lack of sufficient clarity has been identified relating to intent and specific code language
requiring that all new single, two, three, and four household dwellings must be configured
that the entryway door must be visible and face the street or other authorized frontage. It is
Staff Report for the Front Door Must Face the Street Text Amendment Page 2 of 11
important for the City’s regulations to be clear and effective, especially for residential
development that fosters the integrated neighborhoods that encourage safe and inviting
homes. The amendments improve existing language and clarity for residential entries. There
is no change to the physical dimensions or other standards. This amendment is a clarification
and does not change how standards were previously applied or are applied at this time.
In addition to building entrances there are other standards that that relate to single, two, three,
and four-household construction. Every attempt to comingle related standards are made to
ensure all requirements are clearly conveyed to our customers. However, improvements can
be made. Feedback from our customers identified a possible improvement to the organization
of these standards. Based on these comments parking and garage standards will be moved
from section 38.350.070 to 38.360.220. There are no changes to the standard, only there
location. Currently there is a reference in 38.360.210.D to look for these standards above.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
4.2 High Quality Urban Approach
Continue to support high-quality planning, ranging from building design to neighborhood
layouts, while pursuing urban approached to issues such as multimodal transportation, infill,
density, connected trails and parks, and walkable neighborhoods.
Zoning Commission
The Zoning Commission will hold their public hearing on November 23, 2020.
City Commission Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on 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 to
supply additional information or to address specific items.
Staff Report for the Front Door Must Face the Street Text Amendment Page 3 of 11
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
City Commission Alternatives ............................................................................................ 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 10
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone text amendment, the Staff recommends
approval as submitted.
The Zoning Commission will hold a public hearing on this amendment on November 23,
2020, at 6 p.m. and will forward a recommendation to the Commission on the Zone Text
amendment.
The City Commission will hold a public hearing on the Zone Text Amendment on December
15, 2020, at 6 p.m.
SECTION 2 - 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
Staff Report for the Front Door Must Face the Street Text Amendment Page 4 of 11
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.
A zone 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 zone 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 zone text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone 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 mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Bozeman Community Plan 2020, Chapter 5, p. 73, in the section titled Review
Criteria For Zoning Amendments And Their Application, discusses how the various criteria
in 76-2-304 MCA are applied locally. Application varies depending on whether an
amendment is for the zoning text or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development.”
The basic planning precepts, page 20, includes “The health and well-being of the public is an
essential focus and influences and is influenced in turn by urban design and land
development.”
Clarity of meaning and application helps ensure consistent application of existing standards
as new applications are submitted. This supports balance and harmonious coexistence for
existing and new development.
Promoting a well-planned, walkable community, Goal N-1, that fosters Bozeman’s sense of
place, Goal N-4, is grounded on human interaction and connection as well as the physical
built environment. Doors and windows are the points of connection between the private areas
of homes and the public areas of streets, sidewalks, and open spaces. Connection to the
public realm of the street or drive isle is paramount to ensure we have neighborhood
cohesion and “eye’s on the street.”
Staff Report for the Front Door Must Face the Street Text Amendment Page 5 of 11
Being “walkable” was one of the top ten attributes Bozeman residents identified as what they
want Bozeman to be in 2040 (page A-3). They also identified walkability as part of unique
neighborhoods as part of the review of Themes (page A-6). Being walkable is part of the
essential nature Neighborhood as defined in the growth policy (page F-2). A related
definition is “Pedestrian Oriented. Development designed with an emphasis on pedestrian
safety, convenience and accessibility that is equal to or greater than the emphasis given to
automotive access and convenience.”
This proposed amendment improves clarity of meaning and consistency of application. No
conflicts with the growth policy text or future land use map have been identified.
B. Secure safety from fire and other dangers.
Yes. Previously adopted standards in Chapter 38, BMC address this criteria. Those standards
are not being changed. Front setbacks provide locations for telecommunications which
supports emergency services dispatch and response. The proposed amendment provides
additional clarity about when front setbacks are required.
C. Promote public health, public safety, and general welfare.
Yes. Front entrances serve multiple purposes. Front entrances facing the street or other
authorized frontage provide a clear connection to the street and convey the location of the
door for emergency responders, guests, service providers, and provide clear access for those
with less mobility. Front entrances facing the street continues Bozeman’s long tradition of
placing entries to the public space as described in Chapter 3 of the Bozeman Guidelines for
Historic Preservation and the Neighborhood Conservation Overlay District (adopted as a
part of the Community Plan). All of these purposes advance public well-being.
Street facing entrances in conjunction with covered entries decreases the probability of
slippery surfaces at the building entrance, in colder months, because of solar access to the
entry area.
No changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer,
parks, and other facilities and services provided by the City. The adopted plans allow the
City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. Schools are provided by School District 7 and allowed uses
are not affected by this amendment.
Staff Report for the Front Door Must Face the Street Text Amendment Page 6 of 11
E. Reasonable provision of adequate light and air.
Yes. As noted in criterion C, street facing entrances improves solar access and creates a
more direct access to the building. Front setbacks are greater than side setbacks allowing
more light to reach the entrance than a side yard or building entrance.
No changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment does not modify development standards for circulation,
parking, traffic control, or other standards related to this criteria.
G. Promotion of compatible urban growth.
Yes. Establishment of pedestrian hierarchy is an important component of connectivity, urban
scale, safety, and a neighborhood. Delineating entrances is a critical piece of establishing
where and how people relate and access housing and all other commercial and industrial
structures. The interface between streets and buildings is a key element in defining site
character, coordinating utility locations, and other elements of compatibility. The proposed
amendment brings improved clarity and consistency to several related standards affecting
street, block, and neighborhood character and function.
H. Character of the district.
Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the text, not the zoning map. The intent and purpose of residential
zoning districts, section 38.300.100, is to establish areas within the city that are primarily
residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide
opportunities for a variety of housing types and arrangements within the community while
providing a basic level of predictability.
The City is authorized to adopt standards establishing character of a district. A variety of
visual cues define character of a building. These character traits can be both descriptive and
prescriptive. Bozeman’s development code focuses on the physical attributes to ensure our
residential areas promote and maintain the particular neighborhood character of the area.
Planning policies impact upon the way a place is used and what it feels like to be there, along
with a range of other social, cultural, ecological, physical and economic factors that shape
human settlements. Residential character has consistently been a profound point of
discussion in the community. Entryways to buildings are an essential element of building
character.
Staff Report for the Front Door Must Face the Street Text Amendment Page 7 of 11
The City has been evolving its zoning standards to a more form based code which focuses
more on the design of the building and less on the use. Objective DCD-4.3 encourages this to
continue. As shown in Article 38.5, the primary design portion of the zoning standards, the
location and configuration of entryways is an essential part of form based code.
Cohesive neighborhood character enriches the experience of the neighborhood, and it is
important that development does not erode residential character wherever it is identified.
Delineating the location of an entrance maintains one of the primary prescriptive standards
used to support Bozeman’s character. Illustration:
Staff Report for the Front Door Must Face the Street Text Amendment Page 8 of 11
The great majority of Bozeman homes have doors oriented to the street or other authorized
frontage. This amendment maintains that pattern established in areas with large or small, new
or old, single or grouped homes. Some homes scattered throughout the community do not
have doors oriented to the street or other authorized frontage. This amendment does not
require any change to those homes.
Staff Report for the Front Door Must Face the Street Text Amendment Page 9 of 11
I. Peculiar suitability for particular uses.
Neutral. No changes to allowed uses in zoning districts happen with this amendment. No
changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
J. Conserving the value of buildings.
Neutral. Although this language refinement clarifies existing residential building standards,
the change will only apply to applications occurring after adoption, should adoption occur.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. The proposed amendment does not alter allowed uses in zoning districts or the
zoning map. Consistency of regulations does make it easier to plan for and execute
development throughout the City.
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.
Staff Report for the Front Door Must Face the Street Text Amendment Page 10 of 11
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The City processes hundreds of applications each year. As the code is applied to those
applications issues may appear where applicants and designers understand the code
differently than City Staff. The Staff monitors for those “frequent flier” issues that consume
considerable staff resources to resolve. These indicate issues to understand where the code is
not adequately clear.
Section 38.360.210.A states the purpose of this code provision is to, “to enhance the
character of the street, maintain "eyes on the street" for safety to pedestrians and to create a
more welcoming and interesting streetscape, and to de-emphasize garages and drive aisles
as major visual elements along the street.” More specifically to require a, “clear and
obvious pedestrian access between the sidewalk and a building entry that faces the street is
required for new dwellings (the driveway may be used to help meet this requirement).”
A small number of applications show entrances and doors facing a side yard. The City
defines how a structure addresses the dimensional attributes of the property to ensure
minimizing impacts on adjacent properties, providing for sufficient room for residential
activity, on site circulation, provision of utilities, and other minimum standards. These
standards ensure a functional lot that promotes community desires and private use.
The proposed amendment clarifies the standard previously adopted and enforced through the
building permit review process.
In addition to the proposed code amendments, parking and garage standards for single, two,
thee, and four-household structures will be relocated. The City has seen more out of state
design and development firms working in our community and in an effort to streamline
processing of building permits and reduce staff time responding to query’s relating to design
standards for these structures, we will comingle parking and garage standards with the
entrance standards. Specifically, move section 38.350.070 to section 38.360.220. Subsequent
sections are renumbered. There are no changes to the standard. Currently there is a reference
in 38.360.210.D to look for these standards above.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
Staff Report for the Front Door Must Face the Street Text Amendment Page 11 of 11
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2063
Public comment (none to date)
Page 1 of 5
ORDINANCE NO. 2063
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.360.210 OF THE BOZEMAN MUNICIPAL CODE
TO CLARIFY THAT A NEW RESIDENTIAL FRONT DOOR ENTRIES MUST FACE
THE STREET AND PROVIDING AN EFFECTIVE DATE, APPLICATION 20147
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City has adopted 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 current language in section 38.360.210 of the Unified Development Code
(UDC) could be read to require only the pedestrian access to face the street; and
WHEREAS, the purposes stated in section 38.360.210.A., particularly the purposes of
maintaining “eyes on the street” for safety to pedestrians and to create a more welcoming and
interesting streetscape and to de-emphasize garages and driveways aisle as major visual elements
along the street, support amending the UDC to require that the entryway front door, rather than
just the pedestrian access, face the street; and
WHEREAS, it is in the interests of the City and public welfare to provide users of the
UDC with more certainty in interpreting requirements in the UDC;
Ordinance 2063, Clarifying that residential entryways must face the street, amending section 38.360.210 BMC
Page 2 of 5
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.360.210 – Single, two, three, and four-household dwellings be amended
as follows:
Sec. 38.360.0210 – Single, two, three, and four-household dwellings.
A. Purpose.
1. To enhance the character of the street.
2. To maintain "eyes on the street" for safety to pedestrians and to create a more welcoming
and interesting streetscape.
3. To de-emphasize garages and drive aisles ways as major visual elements along the street.
4. To provide usable setback space for residents.
5. Top provide clear and safe pedestrian ways connecting the street sidewalks to the
dwelling entrances.
B. Entries Front Door.
1. All dwellings that front onto a street, greenway corridor, or alternative lot frontage must
have a front door that face the street, greenway corridor, or alternative lot frontage. A
front door that is located on an angle from 0 to 45 degrees offset from the parallel right
of way line is deemed to be facing the street, greenway corridor, or alternative lot
frontage.
2. A Cclear and obvious concrete pedestrian access pathway between the sidewalk and a
building entry front door that faces the street is required for new all dwellings (the
driveway may be used to help meet this requirement).
3. All new dwellings must provide a covered pedestrian entry to the front door with
minimum weather protection of three feet by three feet.
C. Residential garages.
1. Where lots abut an alley, it may be necessary to take access from alley to meet another
standard in the municipal code.
2. See section 38.350.07060.220 for garage location and design standards.
D. Driveway access standards. See section 38.400.090.
E. Minimum useable open space for alley-loaded lots. All new alley-loaded dwelling units must
provide a contiguous open space within the side or rear yard with a minimum dimension of
15 feet on all sides. The open space(s) must be equivalent to ten percent (minimum) of the lot
size (excluding area within an adjacent alley or right-of-way). For example, a 6,000 square
Ordinance 2063, Clarifying that residential entryways must face the street, amending section 38.360.210 BMC
Page 3 of 5
foot lot would require a contiguous open space of at least 600 square feet, or 20 feet by 30
feet in area. Drive aisles do not count in the calculations for usable open space. Additions
must not create or increase any nonconformity with this standard.
(Order No. 2018-01 , § 11, 4-18-2018; Ord. No. 2014 , § 9, 6-3-2019)
Section 2
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 3
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 4
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 5
Codification.
This Ordinance shall be codified as indicated in Sections 1.
Ordinance 2063, Clarifying that residential entryways must face the street, amending section 38.360.210 BMC
Page 4 of 5
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
Ordinance 2063, Clarifying that residential entryways must face the street, amending section 38.360.210 BMC
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
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 ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney