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HomeMy WebLinkAbout22133 PDZ amendments - web noticeNOTICE OF PUBLIC HEARINGS TO CONSIDER A TEXT AMENDMENT TO REVISE CHAPTER 38, UNIFIED DEVELOPMENT CODE, OF THE BOZEMAN MUNICIPAL CODE TO REPEAL DIVISION 38.430 PLANNED UNIT DEVELOPMENT AND CREATE A NEW DIVISION 38.430 PLANNED DEVELOPMENT ZONES; CREATE A NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENT; AND RELATED AMENDMENTS TO MULTIPLE SECTIONS OF THE BOZEMAN MUNICIPAL CODE INCLUDING 2.05.3000, 38.200.100, 38.200.010, 38.220.120, 38.220.420, 38.230.030, 38.250.050, 38.250.070, 38.250.070, 38.250.080, 38.270.030, 38.300.020, 38.300.100.A, TABLE 38.310.030.B, TABLE 38.310.040.E, 38.350.030.D, 38.350.050.D, TABLE 38.370.030, 38.400.020, 38.550.050.M, 38.560.060.B, 38.700.050 D DEFINITIONS, 38.700.080 G DEFINITIONS, AND 38.700.150 P DEFINITIONS The City of Bozeman provides notice of a proposal to amend its land use and development regulations, the Unified Development Code (UDC), Chapter 38 BMC. The proposed text amendments are described below. On Monday, June 27, 2022 at 6:00 p.m., the Community Development Board acting in their capacity as the Zoning Commission will conduct a public hearing on an amendment to municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. On Tuesday, July 12, 2022 at 6:00 p.m., The City Commission will conduct a public hearing on an amendment to the municipal code. in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. The purpose of the public hearings is to consider the proposed amendments as requested by the applicant, City of Bozeman, PO Box 1230, Bozeman MT 59771. The amendments will: 1. Repeal Division 38.430, Planned Unit Development in its entirety. A planned unit development is a review process than allows an applicant to propose different land development standards in exchange for public benefits. The scope and type of public benefits is included in the code. Planned unit developments are currently allowed in all zoning districts. 2. Remove references to Planned Unit Developments throughout Chapter 38, Unified Development Code, amending 24 individual sections of the municipal code. Each section is included in the new ordinance that applies these amendments. 3. Create a new Division 38.430, Planned Development Zones (PDZ). A PDZ is a creation of a new custom zoning district and associated land development standards that apply only to that one site. A PDZ is reviewed as a text and zone map amendment according to standard review procedures in Division 38.260 of the municipal code. A finalized PDZ will be shown on the zoning map. Additional review processes are also required in Division 38.430 including provision of public benefits including options for affordable housing, protection of historic structures, sustainable design, and large development. Benefits may be of just one type or a combination of the options. A PDZ may propose different combinations of uses as well as numeric standards. A PDZ must also include a general development plan presenting the general layout and nature of development within the area. PDZ’s are integrated into multiple sections throughout the code in place of planned unit developments. 4. Create a new Division 38.440, Legacy Planned Unit Developments, establishing standards for how existing developments that were approved under the old planned unit development standards can be amended or removed from a planned unit development. No existing PUD is changed or repealed by this amendment. 5. Repeal and replace Section 38.220.120 specifying submittal requirements for Planned Development Zones and associated documents. 6. Revise Section 38.400.020, Street and road dedication, to change how privately maintained streets are reviewed, approved, and maintained. Additional administrative flexibility is provided for approval and additional data is required to show how the street will work and be maintained. 7. Revise Section 38.200.010, Review authority, to reflect changes creating Planned Development Zones and Legacy Planned Unit Developments, assign duties to revised administrative departments. 8. Amend definitions in Division 38.700 to conform to the proposed amendments. This application is evaluated against the requirements and purposes of zoning set in state law in Title 76 Chapter 2, Section 304, Montana Code Annotated. Approval or contingent approval may be granted if the City Commission determines all applicable criteria are met. The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue review for compliance with applicable regulations. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred in this notice during the public hearing process. The City will accept written protests from property owners against the zoning provisions of the proposal referred to in this notice 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 (including the Ordinance number 2104); 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. The complete text of the proposal is available through the Department of Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582-2260, and online at https://www.bozeman.net/departments/economic-development/community-housing/bozeman-code-audit-to-create-and-preserve-housing. The proposal may be revised as the public review process proceeds. The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to Chris Saunders at the City of Bozeman, Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2104 in all correspondence. For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).