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HomeMy WebLinkAbout22133 38.380 Replacement NoticeNOTICE OF PUBLIC HEARINGS TO CONSIDER ORDINANCE 2105, A TEXT AMENDMENT TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING TO ESTABLISH INCENTIVES FOR CREATION OF PERCENTAGE OF HOMES CONSTRUCTED AND PRICE OF AFFORDABLE HOMES, AND RELATED AMENDMENTS TO MULTIPLE SECTIONS OF THE BOZEMAN MUNICIPAL CODE INCLUDING SECTIONS 38.200.010, TABLE 38.310.030.A, TABLE 38.320.030.A REGARDING RESIDENTIAL LOT AREA, TABLE 38.320.030.C REGARDING RESIDENTIAL BUIDING HEIGHTS, TABLE 38.320.030.B, 38.360.060 ZONE EDGE TRANSITIONS TO ESTABLISH TRANSITION STANDARDS FOR DEVELOPMENT USING HEIGHT INCENTIVES CREATED IN 38.380, 38.340.040, TABLE 38.360.040 REGARDING ACCESSORY DWELLINGS, SECTIONS 38.360.100, 38.360.120.A, 38.360.120.C, 38.400.020, 38.400.090.B, 38.410.030.G, 38.420.020.A, 38.540.050.A TO REDUCE RESIDENTIAL PARKING REQUIREMENTS, 38.700.020 A DEFINITIONS, 38.700.050 D DEFINITIONS, 38.700.090 H DEFINITIONS, 38.700.220 Y DEFINTIIONS 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, August 1, 2022 at 6:00 p.m., the Community Development Board acting in their capacities as the Zoning Commission will conduct a public hearing on these amendments 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, August 23, 2022 at 6:00 p.m., The City Commission will conduct a public hearing on these amendments 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 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, changing the division from a required creation of affordable housing during subdivision development to an incentive based program for creation of affordable housing. The amendments are required by and consistent with recent changes in state law. The new wording describes how and when incentives can be used, how the program is administered, and what incentives are provided. Incentives are applicable to both rental and purchased housing. Incentives include, but are not limited to more permissive form and intensity standards such as increased building height and decreased lot sizes, decreased parking requirement, and the ability to concurrently construct homes and infrastructure. 2. Remove references to the old affordable housing standards throughout the rest of Chapter 38 of the Unified Development Code. This requires amending multiple individual sections of the municipal code. Each amended section is addressed in the replacement affordable housing code. 3. Revise requirements for residential uses to aggregate all references to incentives to the new 38.380, and reduce land area requirements for all residential districts. All incentives are now located in the new text of 38.380. 4. Amend the required lot area for each home in a development, Table 38.320.030.A. 5. Create new standards for building height transitions for developments that use height incentives under the new division 38.380, and section 38.320.060. 6. Remove requirement for owner occupancy for accessory dwellings in the residential suburban and residential low density zoning districts, Table 38.360.040. 7. Amend required parking standards for residential uses to require fewer parking spaces per dwelling, in Table 38.540.050. 8. Amend several 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 2105); 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. Questions may be directed to the Department of Community Development, csaunders@bozeman.net or 582-2267. The City invites the public to comment in writing and to attend the public hearings. Written comments may be directed to the City Clerk at the City of Bozeman, Department of Community Development, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2105 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).