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Home My WebLink About09-19-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approval of Minutes(Fuller) E.Consent Items E.1 Recommendation regarding Trout Meadows Phase 3 Site Plan proposal to develop 4 multi- household buildings, with 60 units total, Application 22109(Hyde) F.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, September 19, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2551 481 2667 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Action Items G.1 Conditional Use Permits Repeal Text Amendment, Ordinance 2124, Application 22258(Saunders) H.FYI/Discussions H.1 Upcoming Items Expected for October 3, 2022 Community Development Board Meeting and Future Meetings.(Saunders) H.2 Opportunity to "Stump the Planner" Question and Answer.(Saunders) I.Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 2 Memorandum REPORT TO:Community Development Board FROM:Jonathan Fuller Community Development Tech Lacie Kloosterhof Community Development Office Manager Anna Bentley Community Development Interim Director SUBJECT:Approval of Minutes MEETING DATE:September 19, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Move to approve meeting minutes from August 15, 2022, and September 12, 2022. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:none UNRESOLVED ISSUES:none ALTERNATIVES:Approve at a later date with corrections made. FISCAL EFFECTS:none Attachments: 08-15-2022 CDB Minutes.pdf 09-12-22 CDB Minutes.pdf Report compiled on: September 16, 2022 3 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 1 of 6 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday August 15, 2022 Present: Gerald Pape, Brady Ernst, Henry Happel, John Backes, Padden Guy Murphy Absent: Allison Bryan, Nicole Olmstead, Stephen Egnatz, Jennifer Madgic A) Call to Order - 6:00 pm The beginning of the meeting did not record due to technical difficulties. As a result the official call to order and disclosures were not recorded live. The meeting started promptly, and there were no voluntary disclosures. B) Disclosures C) 00:00:04 Changes to the Agenda There were no changes to the agenda. E) 00:00:11 Approval of Minutes E.1 Approval of Minutes 06-06-22 Community Development Board Minutes.pdf 06-27-22 Community Development Board Minutes.pdf 00:00:21 Motion I move to approve the Community Development Board minutes June 06, and June 27, 2022. John Backes: Motion Brady Ernst: 2nd 00:00:55 Vote on the Motion to approve I move to approve the Community Development Board minutes June 06, and June 27, 2022.. The Motion carried 5 - 0 Approve: Gerald Pape 4 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 2 of 6 Brady Ernst Henry Happel John Backes Padden Guy Murphy Disapprove: None F) 00:01:35 Consent Items F.1 00:01:39 Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development application 22244. 22244 Billings Campus P PUD cover ltr.docx 22244 Billings P PUD CDB staff rpt.pdf Attachment A 22244 Prelim PUD Document and Guidelines.pdf 00:03:12 The board presented questions to City Planner, Susana Montana. F.2 00:03:21 Recommendation of approval regarding the design of Aurora Technologies Site Plan, Application No. 22114 for the construction of a 77,000 square foot technology and office building located within the Montana State University Innovation Campus with associated parking, open space, stormwater, and landscaping 22114_StaffReport_CommunityDevelopmentBoard.pdf 008 C1.1 SITE PLAN.pdf 023 LANDSCAPE PLAN - OVERALL.pdf 024 LANDSCAPE PLAN - WEST.pdf 025 LANDSCAPE PLAN - EAST.pdf 026 LANDSCAPE DETAILS.pdf 037 A4.1 EXTERIOR ELEVATIONS.pdf 00:03:28 The board presented questions to City Planner, Nakeisha Lyon. There were no public comments on either consent agenda item. 00:07:00 Motion I move to approve consent items F1 and F2 as submitted. Henry Happel: Motion John Backes: 2nd 00:07:18 Vote on the Motion to approve I move to approve consent items F1 and F2 as submitted.. The Motion carried 5 - 0 Approve: Gerald Pape Brady Ernst Henry Happel John Backes Padden Guy Murphy 5 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 3 of 6 Disapprove: None G) 00:07:59 Public Comments 00:11:50 Paul Bussey commented on the homeless situation in the country and the world, but specifically in Bozeman. I) 00:15:30 Action Items I.1 00:15:33 Shady Glen Concept Planned Unit Development Plan, Application 22102. ShadyGlen_Application.pdf 22102 CD Board Staff Report.pdf Shady Glen PUD Engineering Comments.pdf 00:17:06 City Planner, Sarah Rosenberg, presented the PUD to staff. 00:24:08 The board presented questions to City Staff. 00:38:38 The Shady Glen PUD applicant, with his attorney beside him, presented to the board. 00:42:33 The board presented questions to the applicant. 01:11:36 There was no public comment on the Shady Glen PUD. I.2 01:23:56 The Thomas Drive Zone Map Amendment requesting to change zoning from on 15.037 acres from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use). Addressed at 1013 and 1067 Thomas Drive; Application 22094. 22094 Thomas ZMA ZC SR.pdf 01:24:28 City Planner, Tom Rogers, presented the Thomas Drive Zone Map Amendment to the board. 01:30:12 Applicant Chris Budeski presented the Thomas Drive ZMA. 01:32:04 Public Comments - no public commenters on the Thomas Drive ZMA. 01:36:30 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 22094 and move to recommend approval of the Thomas Drive Annexation Zone Map Amendment, with contingencies required to complete the application processing. John Backes: Motion Brady Ernst: 2nd 6 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 4 of 6 01:38:22 Vote on the Motion to amend 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 22094 and move to recommend approval of the Thomas Drive Annexation Zone Map Amendment, with contingencies required to complete the application processing.. The Motion carried 5 - 0 Approve: Gerald Pape Brady Ernst Henry Happel John Backes Padden Guy Murphy Disapprove: None I.3 01:38:50 The Block 104 zone map amendment requesting amendment of the City Zoning Map for a city block bounded by Tamarack Street on the north, Front Street to the east, Wallace on the west, and Aspen Street on the south consisting of approximately 3.554 acres and the accompanying adjacent right-of way from M-1 (Light Manufacturing) to B-2M (Community Business District – Mixed). Application 22100 22100 Block 104 ZMA CDB SR.pdf 01:39:11 Senior Planner Tom Rogers presented on the Block 104 Zone Map Amendment. 01:48:40 Applicant Tyler Steinway presented on the Block 104 ZMA. 02:06:50 Public Comments- Keith Speakman commented on his concerns of the proposed zone change. 02:09:56 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 22100 and move to recommend approval of the Block 104 Zone Map Amendment, with contingencies required to complete the application processing. Gerald Pape: Motion Padden Guy Murphy: 2nd 02:24:43 Vote on the Motion to amend 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 22100 and move to recommend approval of the Block 104 Zone Map Amendment, with contingencies required to complete the application processing.. The Motion carried 4 - 1 Approve: Gerald Pape Henry Happel 7 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 5 of 6 John Backes Padden Guy Murphy Disapprove: Brady Ernst I.4 02:25:12 Gran Cielo - Cielo Way and S. 27th Ave. Zone Map Amendment to Rezone Approximately 4.3 Acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) Including Adjacent Street Right of Way Northwest of the Intersection of Cielo Way and S. 27th Avenue, Application 22117 22117 Gran Cielo Ph 2 ZMA Staff Report CDB.pdf 02:28:00 Chris Saunders presented on Gran Cielo ZMA. 02:28:26 Applicant Chris Budeski presented on Gran Cielo ZMA. 02:32:57 Public Comments- no public comments. 02:33:22 Motion Recommended 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 22117 and move to recommend approval of the Gran Cielo - Cielo Way and S. 27th Ave Zone Map Amendment, with contingencies required to complete the application processing. Padden Guy Murphy: Motion John Backes: 2nd 02:34:49 Vote on the Motion to amend Recommended 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 22117 and move to recommend approval of the Gran Cielo - Cielo Way and S. 27th Ave Zone Map Amendment, with contingencies required to complete the application processing.. The Motion carried 5 - 0 Approve: Gerald Pape Brady Ernst Henry Happel John Backes Padden Guy Murphy Disapprove: None J) 02:35:12 FYI/Discussions J.1 02:35:27 Report on Growth Policy Implementation - Branch Out Bozeman Project Waterways Map 7-25-2022.pdf BoB Progress report 20220712.pdf 8 Bozeman Community Development Meeting Minutes, 08-15-2022 Page 6 of 6 02:36:05 Community Development Manager Chris Saunders presented on the BoB outreach program. J.2 02:38:00 Annual Report on Bozeman Community Plan 2020 Implementation 2022 Annual Report.pdf K) 02:42:50 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. 9 Bozeman Community Development Board Meeting Minutes, 09-12-22 Page 1 of 3 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday September 12, 2022 Present: Allison Bryan, Brady Ernst, Nicole Olmstead, Padden Guy Murphy, Stephen Egnatz Absent: Gerald Pape, Henry Happel, John Backes, Jennifer Madgic A) 00:03:44 Call to Order - 6:00 pm B) 00:04:34 Disclosures There were no voluntary disclosures at this meeting. C) 00:04:48 Changes to the Agenda D) 00:05:29 Approval of Minutes D.1 00:05:35 Approval of Minutes CD Board Meeting Minutes 07-18-22.pdf CD Board Meeting Minutes 08-01-22.pdf 00:05:57 Motion Motion to approve the meeting minutes from 07-18, and 08-01. Stephen Egnatz: Motion Allison Bryan: 2nd 00:06:43 Vote on the Motion to approve Motion to approve the meeting minutes from 07-18, and 08-01.. The Motion carried 5 - 0 Approve: Allison Bryan Brady Ernst Nicole Olmstead Padden Guy Murphy Stephen Egnatz 10 Bozeman Community Development Board Meeting Minutes, 09-12-22 Page 2 of 3 Disapprove: None E) 00:06:45 Public Comments There were no general public comments at this meeting. F) 00:07:51 Action Items F.1 00:08:00 The South 8th zone map amendment requesting amendment of the City Zoning Map to change the zoning on 0.18 acre parcel from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District). 22077 South 8th ZMA CDB SR.pdf 00:08:24 City Planner, Tom Rogers, presented the South 8th ZMA application to the board. 00:16:01 The board presented questions to City staff. 00:22:10 Scott Freimuth, the applicant presented to the board. Renee Irish commented in disapproval of the ZMA. Linae Westfall commented in disapproval of ZMA with concerns of the cars and traffic. 00:33:11 Scott Freimuth, the applicant presented to the board. 00:46:08 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 22077 and move to recommend approval of the South 8th Zone Map Amendment, with contingencies required to complete the application processing. Padden Guy Murphy: Motion Brady Ernst: 2nd 00:55:59 Vote on the Motion to amend 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 22077 and move to recommend approval of the South 8th Zone Map Amendment, with contingencies required to complete the application processing. . The Motion carried 4 - 1 Approve: Allison Bryan Brady Ernst Padden Guy Murphy Stephen Egnatz 11 Bozeman Community Development Board Meeting Minutes, 09-12-22 Page 3 of 3 Disapprove: Nicole Olmstead G) 00:56:16 FYI/Discussions G.1 Upcoming Items Expected for September 19, 2022 Community Development Board Meeting and Future Meetings. CIP Calendar FY24 to FY28.pdf G.2 00:56:25 UDC Update - Project overview and consultant introduction 01:05:11 Code Studio, a hired City consultant presented to the board. H) 01:45:28 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. 12 Memorandum REPORT TO:Community Development Board FROM:Lynn Hyde, Development Review Planner Brian Krueger, Development Review Manager Anna Bentley, Community Development Interim Director SUBJECT:Recommendation regarding Trout Meadows Phase 3 Site Plan proposal to develop 4 multi-household buildings, with 60 units total, Application 22109 MEETING DATE:September 19, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the Site Plan Application 22109, Trout Meadows Phase 3, to the Community Development Director as presented. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The application is proposing 4 multi-household buildings, with 60 units total. Required parking, open space, and other associated infrastructure is provided in the proposal. This review is in front of the Community Development Board as their capacity to act as the Design Review Board (DRB). The Bozeman Municipal Code, 38.230.040 sets the thresholds for projects that need the review of the DRB, or Community Development Board, and 45 or more dwelling units if one of the thresholds. The DRB was established to 'evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority.' In order to view all submitted documents, please navigate to the below link. https://weblink.bozeman.net/WebLink/Browse.aspx? id=261703&dbid=0&repo=BOZEMAN UNRESOLVED ISSUES:There are no unresolved issues identified. ALTERNATIVES:As identified by the Community Development Board. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to 13 deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: 22109 Trout Meadows Phase 3 ComDev Board SR.pdf Report compiled on: August 31, 2022 14 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 1 of 1 Application No. 22109 Type Site Plan Project Name Trout Meadows Phase 3 Summary The proposed project is for Phase 3 of the Trout Meadows residential development within the Cattail Lake Subdivision. Trout Meadows is an existing 218- unit multi-household project along Cattail Lake, which was previously planned and approved for phased development. Phase 1 and 2 occurring from 2007 through 2013. There are existing amenities for the residents that include an exercise facility, pool and spa, community room, playground and adjacent Cattail Lake. This proposal is for the final phase, Phase 3, which proposes to build out the final 4 lots with 4 buildings, totaling 60 new units. There are two northern lots and two southern lots. All units have requisite parking, open space, and other required improvements. There are no departures requested. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 14,967 square feet Overlay District(s) None Street Address 3270 & 3220 Trout Meadows Rd & 3153 &3067 Catamount St Legal Description Cattail Lake Sub PH 1 1 & 2, S26, T01 S, R05 E, Block 6, Lot 6A & 7A; and Cattail Lake Sub PH 1 1 & 2, S26, T01 S, R05 E, Block 5, Lot 1A & 6A Owner Remainder at Trout Meadows LLC, 4200 Expressway, Missoula, MT 59808 Applicant Hoffmann Morgan & Associates, 123 N 2nd St W, Suite 1, Missoula, MT 59802 Representative Hoffmann Morgan & Associates, 123 N 2nd St W, Suite 1, Missoula, MT 59802 Staff Planner Lynn Hyde Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 9/4/2022 - 9/20/2022 9/4/2022 9/2/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 8/16/2022 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Community Development Board 9/19/2022 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date: Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 15 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 2 of 2 RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 16 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 3 of 3 Figure 1: Current Zoning Map 17 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 4 of 4 Figure 2: Future Land Use Map 18 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 5 of 5 Figure 3: Proposed site plan 19 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 6 of 6 Figure 4: Enlarged Site Plan, Lot 6a Block 6 (northwest building) Figure 5: Enlarged Site Plan, Lot 7a Block 6 (northeast building) 20 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 7 of 7 Figure 6: Enlarged Site Plan, Lot 1a Block 5 (southwest building) Figure 7: Enlarged Site Plan, Lot 6a Block 5 (southeast building) 21 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 8 of 8 Figure 8: Landscape Plan (north buildings) Figure 9: Landscape Plan (south buildings) 22 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 9 of 9 Figure 10: North Lots Building Elevations Figure 11: South Lots Building Elevations 23 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 10 of 10 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4, Residential High Density District Yes Comments: Growth Policy: The intent of the Urban Neighborhood District is to: ‘primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. . . The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries.’ This proposed project is consistent with the growth policy by a residential infill development within the municipal boundaries. Zoning: The intent of the R-4, Residential High Density District is to: “provide for high-density residential development through a variety of housing types within the city with associated service functions. . . ’ The proposal is supporting the intent through the proposed infill multi-household units and is meeting density requirements. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: No condominiums are proposed. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no known violations associated with this property or development. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes, with standard conditions. Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 0 NA Comments: No phasing is proposed. The applicant meets the Site Plan requirements with standard conditions applied. 24 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 11 of 11 Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No additional permits (i.e., Conditional Use Permit or Special Use Permit) are required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartment buildings Yes Form and intensity standards 38.320 Zoning: R-4 Setbacks (feet) Required Structures Proposed Parking / Loading Yes Front: (see Block Frontage standards) NA Rear: 20’ >20’ (varies) NA Side: 5’ 10’ – 30’ NA Alley: 5’ >40’ (varies) NA Comments: The project meets the form and intensity standards outlined in 38.320.030. The proposal has two different sites, the northern site (Lot 6A & 7A, Block 6) along Trout Meadows Road, and the southern site (Lot 1A & 6A, Block 5) along Catamount Street. The northern two parcels are bordered to the northeast by Trout Meadows Rd and to the southeast by Fen Way. There is an alley that provides access to the rear of the lots which has perpendicular parking proposed. Each parcel has one, twelve-unit building proposed, totaling 24 units on the northern two parcels. The southern two parcels are bordered by Blackbird Drive to the east, Catamount Street to the south, and Fen Way to the west. There is an unnamed alley to the north that provides access to two parking areas for the proposed buildings. Each parcel has one, eighteen-unit building proposed, totaling 36 units on the southern two parcels. Lot coverage Allowed: 50% Proposed: Northern lots: 31% Southern Lots: 23.56% Yes Building height Allowed: 40 (<3:12 pitch) 50’ (>3:12 pitch) Proposed: North lots: 30’ Southern lots: 40’-3” Yes Comments: The proposal is consistent with the lot coverage and building height limits. Applicable zone specific or overlay standards 38.330-40 NA Comments: The project does not have zone specific provisions, nor fall within an overlay district. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the general land use standards and requirements. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: There are no supplemental use criteria applicable to this project. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA 25 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 12 of 12 Affordable housing plan NA Comments: Affordable housing is not required, nor is it proposed. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 NA Transportation grid adequate to serve site Yes Comments: The applicant provided traffic calculations using the ITE Trip Generation calculator, which showed that the updated 152 AM peak hour trips and 194 PM peak hour trips are less than was what anticipated in the 2006 Cattail Lake Subdivision TIS. Sidewalks 38.400.080 Yes Comments: All external and internal sidewalks meet City codes and connect to relevant destinations. Drive access 38.400.090 Access to site: Multiple Yes Fire lanes, curbs, signage and striping Yes Comments: The northern buildings have street frontage along Trout Meadows Road and Fen Way and have vehicular access from a 20’ alley off Fen Way. The southern buildings have frontage along Catamount Street, Fen Way, and Blackbird Drive, and have vehicular access off a 20’ alley that connects to both Fen Way and Blackbird Drive. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Street vision triangles have been reviewed and are adequate with no obstructions proposed within the triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Not applicable as it is not a subdivision nor greater than ten net acres in size. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: No midblock crossing or alternative block delineation is required or proposed. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes Comments: The water, sewer, streets, and storm drain infrastructure for this development was installed with the original Cattail Lake Subdivision. Installation of new, or extension of existing, water, sewer, or storm facilities are not required for this phase. 26 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 13 of 13 Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and stormwater system proposed with this project have been reviewed and approved by the Engineering Department. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: The project proposed to use on-site storm water management system that includes curb and gutter, curb inlets, drainage chases, trench drains, dry wells, stormwater ponds and subsurface infiltration galleries. A report titled, “ON-SITE STORM WATER MAINTENANCE PLAN’, by TD&H Engineering, dated February 2022 was submitted. The stormwater management report has been reviewed and found sufficient by the Engineering Department . Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Adequate parkland was previously dedicated with the Cattail Lake Subdivision to meet the requirements of this Trout Meadows Phase 3 Site Plan, and 1.83 excess acres of parkland remain available for future development beyond the total units proposed with the original plat. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No onsite public parks or paths are proposed. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscape block frontage Yes Departure criteria None NA Comments: The project faces Tout Meadows Rd (northern lots), and Catamount St (southern lots), both of which have a Landscape block frontage and must meet BMC 38.510.030.C. In addition, internal pathways are present that trigger the Special residential block frontage standards along sidewalks and internal pathways block frontage and must meet the requirements of BMC 38.510.030.J. Landscape Block frontage: Building placement: The buildings are required to have a 10’ minimum front setback from Trout Meadows and Catamount Street. All buildings are set back greater than 10’. Building entrances: The building has entrances that are visible and directly accessible from Trout Meadows Rd and Catamount St. 27 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 14 of 14 Façade transparency: The facades of the buildings facing the Landscape block frontage are required to have 15% transparency for the entire façade (all vertical surfaces generally facing the street). All applicable facades are meeting this requirement with greater than 20% façade transparency. Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: The parking is all located to the side or rear of the buildings. Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building. Sidewalk width: Five foot sidewalks are provided along Trout Meadows Rd and Catamount St. Special residential block frontage standards along sidewalks and internal pathways: The buildings all have facades that are adjacent and facing an internal sidewalk and pathway and are reviewed against this block frontage standard. The buildings are proposing a ten-foot setback between the sidewalk and internal pathways that are appropriately landscaped or have semi-private patio space. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: All units are connected to the public sidewalk and internal pedestrian network via a pedestrian sidewalk. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: No new internal roadways are proposed. The original Cattail Subdivision accounted for internal pedestrian and vehicular movement. The system is found to still be adequate, thus no new improvements are necessary. On-site open space 38.520.060 Yes Total required 7,600 sf Yes Total provided 8,920 sf Yes Comments: The project proposes the open space be provided via balconies, which is allowed to meet up to 50% of the requirements per BMC 38.520.060.B.c, as well as via ground level shared open. The proposal provides open space via patios, balconies, and shared open space. Total Required Total Provided North Lot 6A 1,400sf 1,982sf North Lot 7A 1,400sf 1,982sf 28 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 15 of 15 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 106 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 93 Provided on-street 17 Bicycle parking 38.540.050.A.4 11 required Yes Comments: Total Required Provided On-street Provided Off-street Total Provided Lot 6a, Block 6 20 8 16 24 Lot 7a, Block 6 20 7 13 20 Lot 6a, Block 5 33 1 32 33 Lot 1a, Block 5 33 1 32 33 Total 106 17 93 110 Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: Not applicable to this proposal. South Lot 1A 2,400sf 2,478sf South Lot 6A 2,400sf 2,478sf Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The trash and recycling bins are proposed off the alleys and do not need screening per 38.520.070.B.3. The northern buildings have meters located facing the north south pedestrian pathways and are proposing landscaping to screen the meters from the pathways. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed building designs provides façade articulation through windows, material changes and weather protection features. In addition, there is vertical modulation through a break in the façade through the open stair wells. There are no proposed walls that meet the definition of a blank wall and require blank wall treatment. 29 Community Development Board Staff Report Trout Meadows Phase 3 Site Plan Application 22109 September 13, 2022 Page 16 of 16 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, parking lot landscaping, street frontage landscaping, and acceptable landscape materials proposed. Landscaping of public lands 38.550.070 NA Comments: Street trees are proposed along Catamount Street, Fen Way, and Trout Meadows Rd and have been reviewed and approved by the City Forestry Department. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with this project. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: A lighting photometric plan was submitted and reviewed and is found to be sufficient. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no known or mapped floodplain or wetlands on site. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public comment period ran from September 4, 2022 through September 20, 2022. At the time this report was written, no public comment had been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: No division of land is proposed at this time. 30 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Conditional Use Permits Repeal Text Amendment, Ordinance 2124, Application 22258 MEETING DATE:September 19, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22258 and move to recommend approval of Ordinance 2124. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:As part of the City's efforts to support affordable housing, the City is reviewing its land development regulations. On March 1, 2022, the City Commission directed staff to prepare various amendments to the municipal code for public review. Three of the four amendments have been completed and adopted. This proposed ordinance is the last of the four. A larger code update project has also begun to upgrade structure, organization, and presentation of the code and is underway separate from this amendment. For details on intent and scope of this application please see the attached staff report. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Recommend ordinance not be approved based on findings of non- compliance with the applicable criteria contained within the staff report; 2. Recommend with directed amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS:None. 31 Attachments: 22258 CDB Staff Report - CUP Process Repeal.pdf Ordinance 2124 Removal of CUP review process Hearing Draft.pdf Report compiled on: September 15, 2022 32 Page 1 of 12 22258 Staff Report for the Conditional Use Permits Repeal Text Amendment, Ordinance 2124 Public Hearings: Community Development – September 19, 2022. City Commission – October 4, 2022. Project Description: Repeal Section 38.230.110, Conditional Use Permit and associated edits to 30 related sections of the municipal code. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide. Recommendation: Meets applicable criteria. Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22258 and move to recommend approval of Ordinance 2124. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22258, and move to provisionally adopt Ordinance 2124. Report: September 14, 2022 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Unresolved Issues None Project Summary The City periodically reviews its regulations to identify processes and standards which are no longer necessary or a good fit for community needs. The City Commission directed preparation of these amendments at their March 1, 2022 work session on the Clarion code audit which recommended increasing use of administrative development reviews. 33 Staff Report for the CUP Repeal Text Amendment 22258 Page 2 of 12 The conditional use process has been in place for decades. Conditional uses are routinely approved with few if any special conditions. This indicates that the additional review effort is redundant to the adopted City standards generally applicable to development. Removing the CUP process will simplify review of applications while continuing to require compliance with adopted standards necessary to protect the public. See Appendix A of this staff report and the full text of the Ordinance for more details. Elements of the proposed amendments include: 1. Repeal Section 38.230.110, Conditional Use Permit, in its entirety. This removes a review process for development that required a public hearing before approval. 2. Amend Section 38.230.120, Special Use Permit, to move review criteria and procedures to the section that were previously incorporated by reference to conditional use permit wording. The Special Use process provides opportunity for public comment and for the City to establish conditions unique to an individual project to address areas of concern identified during the review process. 3. Amend Division 38.310 Permitted Uses, to change in all zoning districts conditional uses to special uses or principal use. This is necessitated by the deletion of the conditional use process. No new uses are added and no existing uses are being deleted by these amendments. 4. Reflect throughout all of Chapter 38, Unified Development Code, the removal of the conditional use process and the change to special use or principal use processes to review permitted uses. Strategic Plan Implementation 4.2 High Quality Urban Approach - Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to recordings will be added to this report as the review of the project moves forward. 34 Staff Report for the CUP Repeal Text Amendment 22258 Page 3 of 12 Alternatives 1. Recommend ordinance not be approved based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Recommend with directed amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Strategic Plan Implementation ............................................................................................ 2 Public Comment.................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 4 Spot Zoning Criteria ........................................................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION ................ 9 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 12 FISCAL EFFECTS ................................................................................................................. 12 ATTACHMENTS ................................................................................................................... 12 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. 35 Staff Report for the CUP Repeal Text Amendment 22258 Page 4 of 12 The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on September 19, 2022, at 6 pm. The City Commission will hold a public hearing on the text amendment on October 4, 2022 at 6:00 p.m. and decide whether the amendments should occur or not. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan 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. 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 plans and 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. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. A growth policy provides a high level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1) (a), MCA. The proposed amendments are to the zoning text and therefore must conform to the growth policy. Bozeman adopted a new growth policy in November 2020. 36 Staff Report for the CUP Repeal Text Amendment 22258 Page 5 of 12 The Bozeman Community Plan 2020 (BCP2020) establishes the City’s policies for land development. It continues concepts and community priorities that were established in several prior growth policies. Prior growth policies encouraged creation of development standards that supported predictable review processes and addressed areas of community concerns. The BCP2020 includes the following relevant goals and objectives: DCD-1.2 Remove regulatory barriers to infill. Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals. DCD-4.3 Complete the transition to a form-based code and simplification so that it can be understood by the general public and consistently applied by planning staff. The conditional use process, compared with an administrative review such as a site plan, stresses the use of the property. Both types of reviews must meet applicable site and building design standards. The CUP goes beyond the physical layout and features of the site and considers directly the use of property and whether it has features that are inconsistent with a particular site. Many detailed elements of what a CUP traditionally were used to consider are now addressed by building codes and the site and building standards that have been developed over time. The core criteria and processes of the CUP have not substantially changed in over 30 years. A conditional use permit requires a public hearing which is a distinguishing feature of the review process. Scheduling of public hearings before the City Commission can add delay to project review to the heavy demand for time on agendas compared with administrative reviews. Over time the scope of uses subjected to a CUP has steadily decreased. No harm from using other review processes in place of a CUP has been identified. Objective DCD-4.3 supports transitions to a more form based code (FBC). An FBC does not ignore uses but places a much greater proportion of emphasis on the building and site design. The CUP process places a strong emphasis on use. Therefore, Objective DCD-4.3 supports lessening or removal of the CUP process. The City created a Special Use Process (SUP) several years ago which considers similar use issues but does not require a public hearing. Public notice and comment opportunity are provided but a public hearing is not required. The SUP process provides for consideration of use details when circumstances warrant. The CUP process is therefore redundant to review needs. The draft amendments also move the required review from CUP or SUP to principal uses where long experience has shown no material benefit to the extra review criteria and steps. This removes regulatory barriers to development, including infill, as called for in Objective DCD-1.2. 37 Staff Report for the CUP Repeal Text Amendment 22258 Page 6 of 12 No element of the proposed ordinance affects the future land use map as the process amendments do not change zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Criterion is met. Building code standards for fire resistance, exiting, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. Therefore, access by emergency services, suitable water and sewer services, and other safety features remain. Review of individual applications through site plan, subdivision, or other reviews will provide an opportunity to check for function. General language to impose conditions where needed and justified remains in the unamended portions of Division 38.100. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, provision of water and sewer services, and similar. See also responses to Criteria B and D. The amended review processes are not counter to this criterion. Standards remain for setbacks, light and air, emergency services, and other issues to protect public health and physical safety. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. 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 (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction. Site plan, SUP, and subdivision reviews require demonstration of adequate services to meet this criterion. Considering the code as a whole, the standards requiring provision of the infrastructure listed in this criterion are not being changed with these amendments. E. Reasonable provision of adequate light and air. Criterion met. The proposed amendments are amending review processes. No changes to base standards for setbacks, maximum building height, or similar are included. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. F. The effect on motorized and non-motorized transportation systems. Criterion met. The proposed amendments are amending review processes. No changes to base standards for dedication of right of way, provision of and construction of streets, and 38 Staff Report for the CUP Repeal Text Amendment 22258 Page 7 of 12 related standards are included. The CUP process includes a criterion for dedication of right of way. Other standards and processes also provide for acquisition of right of way and construction of transportation systems. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. G. Promotion of compatible urban growth. Criterion is met. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” There is no one pattern or method in which to build a community. Many different configurations of uses and buildings can coexist well. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. The City retains the ability to establish conditions of approval to mitigate negative impacts identified during the site plan, SUP, and subdivision processes. Therefore, considering the code as a whole staff concludes the criterion is met. H. Character of the district. Criterion is met. Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.” 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. The City has adopted form and intensity standards in Division 38.320 as part of the implementation of the zoning enabling language cited above. The City has adopted building and site design standards in Divisions 38.510 and 38.530 also as part of the implementation of 39 Staff Report for the CUP Repeal Text Amendment 22258 Page 8 of 12 the zoning enabling language cited above. These are applied to all development according to the district in which the development is located. Uses for districts are established in Division 38. 310. The proposed process amendments do not add or remove permitted uses in districts. Character of a district is made up of many different elements; including but not limited to uses, size of lots, and building features. There is no one pattern or method in which to build a community. The City has adopted a range of zoning districts to address different needs. The zoning districts are amended from time to time as needs of the City and its residents change. Many different configurations of uses and buildings can coexist well and the City does not restrict specific architectural styles. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. This proposal amends the text only and not the zoning map. The proposal does not add or delete zoning districts. The combination of uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, this criterion remains met. I. Peculiar suitability for particular uses. Criterion met. The proposed amendments change review processes, not districts or uses. The City has adopted a range of zoning districts to address different needs. The zoning districts are amended from time to time as needs of the City and its residents change. Many different configurations of uses and buildings can coexist well. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. This proposal amends the text only and not the zoning map. The proposal does not add or delete zoning districts. The combination of uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, this criterion remains met. J. Conserving the value of buildings. Criterion met. The proposed amendments change the review process for non-conforming structures. The new process is less demanding. This facilitates upkeep, ongoing use, and reuse of existing buildings. Therefore, the criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. The proposed amendments do not alter the allowed uses in zones, but does change review processes. Site specific review for compliance with standards prior for construction will continue to be required. This amendment is consistent with the growth policy including the future land use map, see Criterion A. Therefore, the criterion is met. 40 Staff Report for the CUP Repeal Text Amendment 22258 Page 9 of 12 Spot Zoning Criteria Amendments to the zoning map may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way at this time. Spot zoning is therefore not a review criteria. 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. APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To Grow, If So How?” This section considers the question of whether or not the City should continue policies encouraging development within City limits. Several different related issues are discussed and the section concludes that construction within the City is a better outcome. Affordable housing is a long standing community concern. It was first addressed in the 1972 Master Plan for the community and then all subsequent community land use plans. Several 41 Staff Report for the CUP Repeal Text Amendment 22258 Page 10 of 12 reports, studies, and plans including the Community Housing Action Plan and the One Valley Community Foundation, Gallatin County Regional Housing Study, document the needs for housing and the challenges in providing housing at costs affordable to residents. The state legislature has limited the tools the City has to support affordable housing construction. The City is required to use incentives to encourage construction rather than mandating the construction of affordable housing. The proposed ordinance places an increased emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through the updated Division 38.380. The City has many ongoing efforts to support creation of housing overall including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. The City consistently reviews and updates its regulations to keep them relevant and effective. Over the past 20 years, the City has increased allowed development intensity and removed possible cost barriers by the following and other actions: • reduced standards such as land area per home by up to 60%, • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights, • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and • simplified review processes. Despite this work, the cost of housing has continued to escalate, especially compared to wages. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations they found consistent gaps in available wages and cost of construction. The following image is from that report. 42 Staff Report for the CUP Repeal Text Amendment 22258 Page 11 of 12 There are no regulations that have such impact that their removal could be even close to offsetting such large increases in home prices and capital gaps between wages and cost of construction. The City can, and is, examining what it does control to identify such incremental improvements as may help. To do so, the City retained Clarion and sub consultants to review the City’s land use regulations. Clarion provided a report with recommendations of possible changes. The City Commission considered that report on March 1st and directed staff to begin drafting amendments to regulations. Ordinances 2111, 2104, and 2105 made amendments to create new flexibility in application of standards, support affordable housing through incentives, and update the planned development process. The Commission also directed staff to undertake other amendments including the removal of the Conditional Use Permit process to support a greater use of administrative review of development projects as recommended by Clarion. 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 on 8/28/2022, 9/4/2022, and 9/18/2022 and contained all required elements. The notice and text was also provided through the City’s 43 Staff Report for the CUP Repeal Text Amendment 22258 Page 12 of 12 Community Development web viewer. Notice was provided at least 15 days before the public hearing before the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. No written public comment has been received so far on this Ordinance. Comments are available through the Laserfiche archive. If comments are received they will be placed in the project folder in Laserfiche. 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: Chris Saunders, Community Development Manager 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 2124 44 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 1 of 49 ORDINANCE 2124 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.200.010 REVIEW AUTHORITY, 38.200.100 BUILDING PERMIT REQUIREMENTS, 38.200.140 FEE SCHEDULE, 38.200.160 VIOLATION; PENALTY; ASSISTING OR ABETTING; ADDITIONAL REMEDIES, 38.210.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA, 38.220.410 CONTENTS OF NOTICE, 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, 38.230.030 SPECIAL DEVELOPMENT PROPOSALS ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA, 38.230.090 PLAN REVIEW PROCEDURES, 38.230.010 INTRODUCTION, 38.230.110 CONDITIONAL USE PERMIT, 38.230.120 SPECIAL USE PERMIT, 38.250.070 ZONING VARIANCES, 38.250.100 REASONABLE ACCOMMODATION, 38.280.010 NONCONFORMING USES, 38.280.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES, 38.280.040 NONCONFORMING STRUCTURES, 38.300.110 COMMERCIAL AND MIXED-USE ZONING DISTRICTS INTENT AND PURPOSE, DIVISION 38.310 PERMITTED USES, SECTION 38.340.040 CERTIFICATE OF APPROPRIATENESS, 38.350.030 USE OF LANDS, BUILDINGS AND STRUCTURES, 38.360.010 PURPOSE, 38.360.230 STABLE, COMMERCIAL, 38.370.020 SPECIAL SUBMITTAL REQUIREMENTS, 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, 38.370.040 STANDARDS, 38.540.020 STALL, AISLE AND DRIVEWAY DESIGN, 38.560.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, 38.570.110 NONCONFORMING LIGHTING, 38.700.040 C DEFINITIONS, 38.700.150 P DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22258. 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 Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on September 19, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance 2124, be ____________________ as proposed; and 45 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 2 of 49 WHEREAS, after proper notice, the City Commission held its public hearing on _______________________, 2022, to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana that: SECTION 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 3. The city commission identifies affordable housing as one of its main strategic goals: “Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for under-served individuals and families and improve mobility options that accommodate all travel modes.” 4. The Community Housing Needs Assessment (February 2019) was completed to help the city identify, understand and address the housing challenges and problems faced by local residents and employees in the city. 5. The Bozeman Community Housing Action Plan was approved by city commission on November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a partnership framework to address affordable housing (also called community housing) in Bozeman over a five-year period and recommends edits to this chapter. 6. The City retained Clarion and sub consultants to review the City’s land use regulations with a lens of affordability and Clarion provided a report with recommendations of possible changes including increasing administrative review of development proposals. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 46 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 3 of 49 9. The Community Development Board acting in its capacity as the municipal Zoning Commission considered the application materials, staff analysis and report, all submitted public comment, and all other relevant information. 10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission and Planning Board, all submitted public comment, and all other relevant information. 11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied. 12. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. Section 2 That Paragraph 38.200.010.A, of the Bozeman Municipal Code be amended as follows: A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map including planned development zones per 38.430.090; c. Requests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; 47 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 4 of 49 e. Appeals from administrative interpretations and final project review decisions; f. Approval of preliminary park master plans when associated with a development for which the city commission is the review authority; g. Large scale retail per section 38.360.160; h. More than two deviations or where deviation is for more than 20 percent of standard. i. Conditional use permits when no board of adjustment is established; 2. The city commission conducts public hearing for applications under 76-2-402, MCA. SECTION 3 Section 38.200.100 Building permit requirements of the Bozeman Municipal Code be amended as follows: Sec. 38.200.100. Building permit requirements. A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division. 1. Only minor site surface preparation and normal maintenance is allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception: The issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in division 38.270. 2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020. 3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional special use permit (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230. 48 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 5 of 49 SECTION 4 Section 38.200.140, Fee Schedule of the Bozeman Municipal Code be amended as follows: Sec. 38.200.140. Fee schedule. A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission. B. No subdivision, or zoning permit allowed by this chapter, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance may be issued unless or until such costs, charges, fees or expenses have been paid in full, nor may any action be taken on proceedings before any advisory body or review authority the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full. SECTION 5 Paragraph 38.200.160.A of the Bozeman Municipal Code be amended as follows: A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions of approval and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the review authority is a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements may upon conviction thereof be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in accordance with section 1.01.210, and in addition must pay all costs and expenses involved in the case except as stated in subsection D of this section. 1. Each day such violation continues is a separate offense and punishable as such. 2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montana Subdivision and Platting Act is a separate and distinct offense. SECTION 6 Paragraph 38.210.010.A of the Bozeman Municipal Code be amended as follows: A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and, if established, wetlands review board (WRB), is to coordinate, expedite and ensure fair and equitable implementation of this 49 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 6 of 49 chapter. The objective, to be implemented through their procedures and deliberations, is to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC evaluates all proposals subject to the provisions of this chapter. The DRC is the body charged with reviewing items relating to public health and safety. The DRC acts as an advisory body to the review authority established by section 38.200.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested by review authority. 2. DRB. The DRB has the duties and responsibilities established by 2.05.3000. 3. ADR. The ADR may review development applications subject to design review for zoning amendments, or applications for moving, demolition or any other kind of permit. 4. WRB. The WRB, if established, has the duties and responsibilities established by section 2.05.2900. 5. BOA. The BOA, if established, has the duties and responsibilities established by section 2.05.2810. SECTION 7 Paragraph 38.220.410.B of the Bozeman Municipal Code be amended as follows: B. Mailed and posted notices required for applications specific to individual sites site plans, master site plans, certificates of appropriateness, special use permits, conditional use permits, planned unit developments, deviations, variances and subdivisions must also include a map of the area of the development so as to indicate its general location and proximity to surrounding properties. SECTION 8 Table 38.220.420, Minimum standards for timing, location of noticing area and type of notice of the Bozeman Municipal Code be amended as follows: Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice. Application Distance Notice Type Text amendment NA Newspaper 50 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 7 of 49 Zone Map Amendment - rezoning or with annexation 200 Newspaper, post on- site, mail 1st class Zone Map Amendment - Resulting from ordinance changes None Newspaper Variance - Floodplain and zoning 200 Newspaper, post on-site, mail 1st class Noticing for 76-2-402, MCA claims None Newspaper, post on-site Deviation 200 Newspaper, post on-site, mail 1st class Appeals of Administrative Project Decisions 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Interpretations None Newspaper Sketch plan/reuse/change in use/further development None None Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. None Post on-site Informal/concept plan None None Preliminary site plan and master site plan 200 Post on-site, mail 1st class Preliminary Planned Unit Development 200 Newspaper, post on-site, mail 1st class Conditional Use Permit / Special Use Permit 200 Newspaper, post on- site, mail 1st class Floodplain permit 200 Newspaper, mail 1st class Certificate Of Appropriateness None None Subdivision exemption None None Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site, certified mail to adjacent owners, mail 1st class all others Notice of violation per 38.200.160 None Certified mail to landowner 51 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 8 of 49 SECTION 10 Section 38.230.010 Introduction of the Bozeman Municipal Code be amended as follows: Sec. 38.230.010. Introduction. A. All non-subdivision development proposals within the city will be subject to plan review and approval except repair, maintenance, grading below the minimum defined limits of this chapter, and interior remodeling, or other items specifically exempted in this chapter. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans, master site plans, or special use permits, or conditional use permits (referred to herein as a "plan") will be required as specified in this division 38.230. Although work may be exempt from zoning review it may require review for other permits before construction may begin. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in section 38.230.030. C. When a development is proposed within a neighborhood conservation overlay district or historic district, or proposes signs which do not specifically conform to the requirements of this chapter, design review is required in conjunction with plan review per the authority in section 38.210.010. In such cases, additional submittal requirements and review procedures apply as outlined in section 38.220.090. D. Conditional uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the review authority. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit must be granted for a use which is not specifically designated as a conditional use in this chapter. D E. Approval will be granted for a particular use and not for a particular person or firm. E F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other relevant portions of this chapter. F G. Applications subject to this division 38.230 are reviewed under the authority established by division 38.200 of this chapter. 52 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 9 of 49 SECTION 11 Paragraph 38.230.030.B of the Bozeman Municipal Code be amended as follows: B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. Section 38.230.080, Certificate of appropriateness; 2. Section 38.230.110, Conditional use; 2 3. Section 38.230.120, Special use permit; 3 4. Division 38.360, Standards for Specific Uses; 4 5. Division 38.370, Telecommunications; 5 6. Division 38.600, Floodplain Regulations; and 6 7. Division 38.250, Appeals, Deviations and Variance Procedures. SECTION 12 Paragraph 38.230.090.E.2 of the Bozeman Municipal Code be amended as follows: 2. Plan with deviations or variances or conditional use permits. The review authority must provide an opportunity for the public to comment upon a proposed plan. The notice must comply with the requirements of division 38.220 of this chapter. a. The review authority, after receiving the recommendations of the advisory bodies and considering any public comment must act to approve, approve with conditions or deny an application. The decision must be in writing and must include any special conditions which are to be applied to the development. SECTION 13 Section 38.230.110 Conditional Use Permit of the Bozeman Municipal Code be repealed in its entirety and the section reserved. 53 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 10 of 49 SECTION 14 Section 38.230.120 – Special use permit of the Bozeman Municipal Code be amended as follows: A. The person applying for a special use permit must fill out and submit to the community development department the appropriate form with the required fee. The request for a special use permit must follow the procedures and application requirements of this division 38.230. B. The review authority, in approving a special use permit, must review the application against the review requirements of section 38.230.100. C. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. C. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Special setbacks, screening, and buffers; b. Special fences, solid fences, and walls; c. Surfacing of parking areas and stormwater controls; d. Regulation of noise, vibrations, lighting, and odors; e. Regulation of hours for certain activities; f. Time period within which the proposed use must be developed; g. Location of use; h. Duration of use; and i. Other such conditions as will make possible the development of the city in an orderly and efficient manner. 54 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 11 of 49 D. In addition to all other conditions, the following general requirements apply to every special use permit granted: 1. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the special use permit procedure; and 2. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. E. Applications for special use permits may be approved, conditionally approved or denied by the review authority. If an application is denied, the denial constitutes a determination that the applicant has not shown that the conditions required for approval do exist. F. If the special use permit has been approvedgranted, the permit will be issued upon the signature of the review authority after completion of all conditions and final plan. G. Termination/revocation of special use permit approval. 1. Special use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A special use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another use is granted; c. The use or development of the site is not begun within the time limits of the final plan approval in section 38.230.140. 2. A special use which has terminated may be reestablished on a site by either, the review and approval of a new special use permit application, or a determination by the community development director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the review authority may not be appealed. If the review authority determines that the special use permit may be renewed on a site then any conditions of approval of the original special use permit are also renewed. 3. If activity begins for which a special use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.200.160. 55 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 12 of 49 SECTION 15 Paragraph 38.250.070.D of the Bozeman Municipal Code be amended as follows: D. Authorization and limitations on approval. 1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit. 2. The scope and extent of the variance must be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district. 4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that: a. The issuance of a variance to construct a building below the 100-year floodplain elevation will result in increased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. SECTION 16 Paragraph 38.250.100.B of the Bozeman Municipal Code be amended as follows: B. Procedure. 56 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 13 of 49 1. Application. A request for reasonable accommodation must be submitted on an application form provided by the community development department or in the form of a letter to the community development director, and must contain the following information: a. The applicant's name, address, and telephone number; b. Address of the property for which the request is being made; c. Authorization from the owner of the subject property for the applicant to request the reasonable accommodation; d. The current actual use of the property; e. The basis for the claim as follows: (1) That the individual or group of individuals is considered physically or mentally disabled or handicapped under the applicable non-discrimination laws, including identification and description of the disability or handicap which is the basis for the request for accommodation and current, written medical certification and description of disability or handicap and its effects on the person's medical, physical or mental limitations; or (2) That the individual or group of individuals is a protected class based on race, color, religion, sex, creed, familial status, marital status, age, or national origin, as defined under the applicable non-discrimination laws, including identification and description of the protected class which is the basis of the request for accommodation. f. The code provision, regulation, procedure and/or policy from which reasonable accommodation is being requested; g. The type and extent of reasonable accommodation sought; h. The reason(s) why the accommodation is reasonable and necessary for the needs of the individual(s), including a summary of any potential alternatives contained in this chapter considered in requesting the accommodation and why other alternatives contained in this chapter are not feasible; i. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and j. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with applicable non-discrimination laws. 2. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, etc.), then the applicant must file the 57 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 14 of 49 information required by subsection 1 of this section for concurrent review of the request for reasonable accommodation with the application for discretionary approval. 3. Review authority. a. Community development director. A request for reasonable accommodation must be reviewed by the community development director if no approval is sought other than the request for reasonable accommodation. No fee may be charged for the review of such a request for reasonable accommodation. b. Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application must be reviewed by the authority responsible for the discretionary land use application. No fee in addition to that charged for the other discretionary land use application may be charged for the review of such a request for reasonable accommodation. 4. Review. a. Community development director. The director must make a written determination within 20 calendar days of the application being deemed complete and either grant, grant with conditions, or deny a request for reasonable accommodation. If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with applicable non-discrimination laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 20-day period to issue a decision must be stayed until the applicant responds to the request. b. Other review authority. The written determination on whether to grant or deny the request for reasonable accommodation must be made by the authority responsible for the discretionary land use application in compliance with the applicable review procedure for the discretionary review. 5. Notice. a. Community development director. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the community development director. b. Other review authority. Requests for reasonable accommodation subject to review by other review authorities require public notice and a public review process pursuant to the requirements for the other discretionary land use application that is the subject of the review, including all public notice provisions pursuant to section 38.220.420. 6. Balancing rights and requirements. In reviewing applications for requests for reasonable accommodation, the city must balance: a. The privacy rights and reasonable request of an applicant for confidentiality; with 58 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 15 of 49 b. The land use requirements for notice and public hearing, factual findings and rights to appeal, in the city's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. c. Any document identifying the disability or medical condition of any specific person must be treated as confidential and is subject to disclosure by the city for any reason, including for compliance with the Open Records Act, unless ordered to do so by a court of competent jurisdiction and notice is given to the person who provided the document to the city. Specifically, any medical records regardless of source, including statements of medical providers, must not be disclosed. For any other type of document, such as an application or determination, the document may be subject to disclosure, but only after the nature or description of the person's disability or medical condition is redacted by the city. A statement regarding the city's handling of information subject to this provision must be printed on the city's reasonable accommodation application form, posted on the city's website, and printed at the bottom of any written document issued by the city determining a reasonable accommodation application. SECTION 17 Paragraph 38.280.010.B of the Bozeman Municipal Code be amended as follows: B. Except as otherwise specified in this division, the right to operate and maintain a nonconforming use must terminate when the structure or structures housing such use are destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However, in the event of damage by natural disaster to the extent described herein, a said nonconforming use or uses may be reestablished through a conditional special use permit procedure as set forth in division 38.230 of this chapter. Such restoration must comply to the maximum extent reasonably feasible with the requirements of this chapter. SECTION 18 Section 38.280.020. Changes to or expansions of nonconforming uses of the Bozeman Municipal Code be amended as follows: Sec. 38.280.020. Changes to or expansions of nonconforming uses. A. Lawful nonconforming non-residential use. 59 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 16 of 49 1. A lawful nonconforming non-residential use must not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming non-residential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria in section 38.280.020.A.2, and that a conditional special use permit is obtained from the review authority. A lawful nonconforming non-residential use may be expanded only through the granting of a conditional special use permit by the review authority. In considering the appropriateness of the conditional use permit application, the review authority must weigh the criteria set forth in 38.230.110. In addition, the review authority must consider whether the expansion is reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses must not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. 2. To approve a conditional special use permit to change or expand a nonconforming non- residential use, the review authority must determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the review authority must weigh the following criteria in addition to the criteria applicable to all conditional special use permits: a. Traffic impacts, both on-site and off-site; b. Off-street parking and loading requirements; c. The visual impact on the surrounding area; d. The degree of compliance with the adopted growth policy and this chapter; e. The level of conflict with other uses in the surrounding area; f. The presence of other nonconformities in the surrounding area; g. The degree to which any existing unsafe or hazardous conditions would be mitigated; h. The viability of the subject structure; and i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts. B. Lawful nonconforming residential use. 1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation, through the review process required by divisions 38.340 and 38.230 of this chapter, without the need to obtain a conditional special use permit from the review authority. A lawful nonconforming residential use must not be permitted to increase the number of dwelling units. 60 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 17 of 49 2. The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional special use permit, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or building permit must be obtained prior to the initiation of construction. SECTION 19 Section 38.280.040. Nonconforming structures of the Bozeman Municipal Code be amended as follows: Sec. 38.280.040. Nonconforming structures. A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and configuration existing upon such date except as hereinafter specified, or in the case of signage as specified in division 38.560 of this chapter and lighting as specified in section 38.570.110. B. The right to operate and maintain a nonconforming structure terminates when the structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However, in the event of damage by natural disaster to the extent described herein, said nonconforming nonresidential structure may be reestablished through a conditional special use permit procedure as set forth in division 38.230 of this chapter. Such restoration must comply to the maximum extent feasible with the requirements of this chapter. C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensify the use. SECTION 20 Paragraph 38.300.110.G of the Bozeman Municipal Code be amended as follows: G. Northeast historic mixed-use district—intent and purpose. 1. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by- case determination of the most appropriate use of land in a broad range of both non- residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that 61 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 18 of 49 persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. 2. The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional special uses. SECTION 21 Division 38.310 Permitted Uses of the Bozeman Municipal Code be amended as follows: Sec. 38.310.010. Interpretation of land use tables. A. Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated with a "S", accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-." B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040. C. The uses listed are deliberately broad and some are given special definitions in article 7 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in division 38.360 of this article. D. Clarification of permitted uses and special conditions: 1. If a * appears after the use, then the use is defined in article 7. 2. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 4. Where a number with a "sf" reference appears below a P or CS in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. 5. If more than one letter-number combination appears in the box (e.g., P2, 3), the use is allowed in the zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the 62 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 19 of 49 specific conditions indicated in the development condition with the corresponding number immediately following the table. Sec. 38.310.020. Classification of uses; community development director and city commission authority. A. When a use is not clearly defined or otherwise identified in the code so that it may be determined if it is allowed within a district the community development director must determine the appropriate classification of a particular use. In making this determination, the community development director must find: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are comparable with the uses permitted in the district wherein the use is proposed to be located, in terms of: i. The amount, type, and pattern of vehicular traffic anticipated for the use, and ii. The expected outdoor uses and activities associated with the use; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this chapter nor the intent of the district will be abrogated by such classification. Persons objecting to a decision of the community development director regarding a classification of a use carry the burden of proof to establish error in the decision. B. If a question arises concerning the appropriate classification of a particular use, the community development director may submit the question to the city commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional special use. In making such a determination, the city commission must find that the criteria set forth in either subsection A.1 or 2 of this section are met. C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be interpreted the same, as a listed accessory, principal or conditional special use, the use must not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval pursuant to the requirements of this chapter to allow such use as a listed principal, conditional special, or accessory use (as defined in section division 38.700.020). Sec. 38.310.030. Authorized uses—Residential zoning districts. 63 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 20 of 49 Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached or detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited3 (38.360.070) — — — P P P P — Cottage housing (38.360.120)* P P P P P P P P Manufactured homes on permanent foundations(38.360.170)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.220) P P P P P P P P Two-household dwelling (38.360.220) — — P P P P P — Three household dwelling or four- — — — P P P P — 64 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 21 of 49 household dwelling (38.360.220) Townhouses* & rowhouses* (two attached units)(38.360.250) — — P P P P P — Townhouses* & rowhouses* (five attached units or less) (38.360.250) — — — P2 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.250) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S Notes: 65 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 22 of 49 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 3. Supplemental use criteria for apartment building, limited are in section 38.360.070. Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.150)* A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned A A A A A A A A 66 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 23 of 49 recreational facilities Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.270) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.270) C S — — — — — — — Bed and breakfast* C S C S C S C S P P P — Commercial stable (38.360.230) C S — — — — — — — Community centers* C S C S C S C S C S C S P C S Day care centers* S S S P P P P S Essential services Type II* P P P P P P P P 67 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 24 of 49 Essential services Type III*2 C S C S C S C S C S C S C S C S Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — General service establishment* — — — — — — P5 — Golf courses C S C S — — — — — — Offices* — — — — S3 S3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C S C S 3 P — Recreational vehicle parks (38.360.210)* C S — — — — — — P Restaurant* — — — — — P4 P5, 6 — Retail* — — — — — P4 P5, 6 — Veterinary uses S — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 68 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 25 of 49 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts. Table 38.310.040.A Permitted general sales uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C S in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PL I B - 11 B -2 B- 2 M B -3 UMU (38.310.050 ) REMU (38.310.060 ) NEHMU 2 B P M -1 M -2 General sales Automobile fuel sales or repair (38.360.080) * S S S S S S P — P P — Convenience uses — P P C P C P P P — — — — 69 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 26 of 49 (38.360.110) * Heavy retail establishmen t (Retail, large scale - 38.360.160)* — P P C S P C S P — P P — Restaurants* P3 P P P P P P 1,500 sf — P3 P3 — Retail* • 0-5,000sf GFA P4 P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6 C S 7 A6 C S 7 — • 5,001- 24,999sf GFA — P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6 C S 7 A6 C S 7 — • 25,000sf- 39,999sf GFA — P4 P4 P4 P4 — A6 C S 7 A6 A6 C S7 A6 C S7 — • Over 40,000sf GFA (Retail, large scale - 38.360.160)* — P4 P4 — S4 — — — — — — Sales of alcohol for on-premises consumption (38.360.060) S8 S8 S8 S8 S8,9 S8,9 S8 — C S 8, 10 C S 8, 10 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 70 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 27 of 49 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use require a special use permit. are conditionally permitted. 8. Also subject to chapter 4, article 2. 9. No gaming allowed. 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple 71 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 28 of 49 numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C S in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PL I B - 11 B -2 B- 2 M B -3 UMU (38.310.05 0) REMU (38.310.06 0) NEHMU 2 BP M- 1 M- 2 Personal and general service Animal shelters — — — — — — C S — S S — Automobile washing establishment * — P P C P C S C S P — P P — Daycare— Family, group, or center* P P P P3 P P PS /A4 PS/ A4 C S /A 4 C S /A 4 C P General service establishment * P P P P P P P C P P C S — Health and exercise establishment s* P S P P P P P P C S/ A4 P P — Heavy service establishment * — P P C S P C S P — P P — Medical and dental P P P P3 P P P P P P — 72 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 29 of 49 offices, clinics and centers* Mortuary — S S S S — — — — — — Offices* P P P P3 P P P P5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C S — C S P — Temporary lodging Bed and breakfast* — — — — — P C S — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley 73 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 30 of 49 one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PL I B - 11 B -2 B- 2 M B -3 UMU (38.310.05 0) REMU (38.310.06 0) NEHMU 2 B P M -1 M -2 General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments*3 P4 P4 P5 P5 P P A6 — A6 A6 — Apartment buildings*3 — C S P P5 P P — — — — — Cottage housing* (38.360.120) — — — — — P — — — — — 74 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 31 of 49 Single household dwelling (38.360.220) — — — — — P P — — — — Three household dwelling or four- household dwelling (38.360.220) — — — — — P — — — — — Townhouses *3 & rowhouses* (38.360.250) — C S 7 P7 P7 — P8 P — — — — Two- household dwelling (38.360.220) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C S P5 P5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P4 P4 , 5 P4, 5 P4 , 5 P4, 5 P P — — — — Community residential facilities serving nine or more residents* - C S C S — P P — — — — — 75 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 32 of 49 Cooperative household* — — — — — P C S — — — — Group living (38.360.135) * P4 P4 P5 P4 — P P — — — — Lodging houses* — C S C S 5 C S 3 P P — — — — — Transitional and emergency housing and related services (38.360.140) * — S S S S S S S S — S Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. 76 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 33 of 49 Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PL I B - 11 B -2 B- 2 M B -3 UMU (38.310.05 0) REMU (38.310.06 0) NEHMU 2 B P M -1 M -2 Industrial and Wholesale Junk salvage or automobile reduction/salva ge yards — — — — — — — — — C S — Manufacturing, artisan* P P P P3 P P P P P P — Manufacturing (light)* — S S C S3 P4 P5 P P4 P4 P — Manufacturing (moderate)* — C S C S — — — P P P P — Manufacturing (heavy)* — — — — — — — — C S P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — 77 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 34 of 49 Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.190)* — — — — — — P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. Completely enclosed within a building. 5. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed- use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C S in the box, it means that 78 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 35 of 49 the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PL I B- 11 B- 2 B- 2 M B -3 UMU (38.310.05 0) REMU (38.310.06 0) NEHMU 2 B P M -1 M -2 Public, educational, government and regional Business, trade, technical or vocational school — P P P3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.130) • Type I A A A A A A A A A A A • Type II P P P P3 P P P P P P P • Type III C S 4 P P C S 3, 4 C S C S 4 P C S P P P P Meeting hall — P P P P P — — — — — Production manufacturi ng and generation facilities (electric and gas) — — — — — — — — — S — 79 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 36 of 49 Public and nonprofit, quasi-public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P Public buildings and publicly owned land used for parks, playgrounds and open space P — P — P P P P P P P P P Solid waste transfer station — — — — — — — — — C S P Solid waste landfill — — — — — — — — — — C S Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050) * — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C S — 80 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 37 of 49 Arts and entertainmen t center* P P P P P P 12,000 sf — — — — — Casinos — — — — — — — — C S C S — Community centers (38.360.090) * P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.150) * A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 81 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 38 of 49 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district. Mixed uses required and limited: A. Development must include a mix of uses. B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination of at least two different groups of uses must be provided within each site plan. C. No use group must exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use must be utilized. Single use buildings are allowed provided the entire site meets the required use mix standard. D. At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by non-residential uses. To meet this requirement, the depth of non-residential floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-residential use for the purpose of this standard provided such lobby occupies no more than 50 feet of the block frontage. Structured parking is classified as a non-residential use. Structured parking at the ground level must include liner buildings of usable proportions along at least 40 percent of the building façades facing a street or greenway. Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning district. A. Uses required and limited. 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 82 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 39 of 49 2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized. 5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review. 6. Home-based businesses are not considered non-residential uses and must not be limited by the provisions of the section. 7. Non-residential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. B. Development review applications. 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with division 38.230 of this chapter. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersection deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; and/or d. The proposed development requires a multi-year approval and multiple phases for completion. 83 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 40 of 49 SECTION 22 Section 38.340.040. Certificate of appropriateness of the Bozeman Municipal Code be amended as follows: Sec. 38.340.040. Certificate of appropriateness. A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: (1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception. (2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit. (4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. (5) Photovoltaic panels which are flush mounted to a roof. 84 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 41 of 49 2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply. 3. The architectural designs of individual affordable housing units used to satisfy the requirements of section 38.380.030 and are exempt from the review requirements of this part 1. This exemption does not extend to removal or alterations of existing structures. SECTION 23 Paragraph 38.350.030.A of the Bozeman Municipal Code be amended as follows: A. Only uses specifically identified by this chapter are to be built. No building, or structure or part thereof may be erected, altered or enlarged for a use, nor must any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional or special use in such zone must first receive final approval of a permit for the use. Existing nonconforming uses and structures must comply with division 38.270 of this chapter. SECTION 24 Section 38.360.010. Purpose of the Bozeman Municipal Code be amended as follows: Sec. 38.360.010. Purpose. The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal, or special, or conditional uses in specific districts. SECTION 25 Section 38.360.060, Alcohol sales for on-premises consumption be amended as follows: Sec. 38.360.060. Alcohol sales for on-premises consumption. A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted. B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to: 85 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 42 of 49 1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or 2. Restaurants located within the B-2M and B-3 zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued beer license with wine amendment as long as such restaurant complies with the following requirements and provides the city an annual certification with its business license application of such compliance: a. All alcohol is sold for on premises consumption only; b. The restaurant must have individually priced meals prepared and served for on-site dining; c. Must have a dining room, kitchen and necessary employees for preparing food on the premises; d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.; e. Gambling or gaming is prohibited; f. Alcohol must be stored on premises; and g. Must prevent self-service of alcohol. C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: 1. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or 2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. SECTION 26 Paragraph 38.360.230.E of the Bozeman Municipal Code be amended as follows: E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures must be shown on drawings submitted with the conditional special use permit application. SECTION 27 Section 38.370.020. Special submittal requirements of the Bozeman Municipal Code be amended as follows: 86 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 43 of 49 Sec. 38.370.020. Special submittal requirements. In addition to the materials required by division 38.220 of this chapter for site plans, conditional or special use permits, and planned unit developments, the materials required by section 38.220.170 must be submitted. SECTION 28 Section 38.370.030. Uses within districts and required review procedures of the Bozeman Municipal Code be amended as follows: Sec. 38.370.030. Uses within districts and required review procedures. A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. All applications are subject to the review processes, submittal requirements and other requirements of articles 38.230 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. Table 38.370.030 Zoning District Large scale Small scale Micro scale Non-broadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C S P/ C S 1 A P B-3 C S P/ C S 1 A P B-2 C S P/ C S 1 A P B-2M C S P/ C S 1 A P B-1 C S P/ C S 1 A P UMU C S P/ C S 1 A P REMU S9 P/ C S 1 A C P NEHMU P P A P R-O S9 C S1 P C P R-5 S9 C S1 P C P R-4 S9 C S1 P C P R-3 S9 C S1 P C P R-2 S9 C S1 P - 87 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 44 of 49 R-1 S9 C S1 P - R-S S9 C S1 P C P C. Special review requirements by type. Note: 1. Conditional Special use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant complete a concept review per 38.230 must request in writing a pre- application conference with the community development department. The purpose of the concept review pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's concept review submittal written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area. 88 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 45 of 49 SECTION 29 Paragraph 38.370.040.C of the Bozeman Municipal Code be amended as follows: C. Administrative. 1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation. 2. The public land and agencies exemption from full compliance with zoning in MCA 76- 2-402 does not apply to private entities utilizing publicly owned lands. 3. Any antennas or antenna support structures not utilized for the provision of wireless services for a continuous period of six months will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city may remove the facility at the facility or landowner's expense. Where multiple users share a facility, the non-operational antennas and associated ground-mounted equipment may be removed, but any common equipment may be retained until all users have terminated the utilization of the site. 4. Any emergency power supply or other equipment installed at the facility must comply with section 38.520.070. 5. No facilities which require employees to be present on a routine basis may be established in residential areas, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed. 6. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action of the city at the facility or landowner's expense. 7. Any modifications to existing wireless sites shall only occur in compliance with the review procedures required in section 38.370.030. 8. Denial of an application must be made only after the review body has determined that specific criteria of this chapter cannot be met. Said determination must be made in writing and must include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. SECTION 30 Paragraph 38.540.020.F of the Bozeman Municipal Code be amended as follows: F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for permanent parking space and drive aisles must control dust and drainage. All proposed parking areas and driveway improvements must require a grading and drainage plan approved by the review authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing method such as pervious pavement 89 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 46 of 49 may be used, subject to review and approval by the review authority. Surfacing methods which minimize stormwater runoff and provide for functional parking and circulation are encouraged. 1. However, paving is not required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist: a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the provisions of this section; b. The lot or tract on which the use is located is not adjacent to a paved street or road; and c. The applicant must enter into an improvements agreement with the city agreeing that the lot must be paved within nine months of the time an adjacent roadway is paved. SECTION 31 Paragraph 38.560.060.B of the Bozeman Municipal Code be amended as follows: B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs may be permitted in the indicated zones with an approved sign permit: 1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area. 3. Signs appurtenant to residential principal, special and conditional uses, and home occupations. a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one- half square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line. 90 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 47 of 49 c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted signage as if the underlying zoning were B-1. d. Permitted conditional and special use residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the hours of operation. 4. Legacy planned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone. SECTION 32 Section 38.570.110. Nonconforming lighting of the Bozeman Municipal Code be amended as follows: Sec. 38.570.110. Nonconforming lighting. Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications. SECTION 33 Section 38.700.040 C definitions of the Bozeman Municipal Code be amended as follows with all other elements remaining as presently written: Conditional use. A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district. Conditional use permit. Legal authorization to construct, develop or operate a conditional use as defined by this chapter. SECTION 34 Section 38.700.150 P definitions of the Bozeman Municipal Code be amended as follows with all other elements remaining as presently written: Permitted use. A use which is lawfully established in a particular zoning district and which conforms to all requirements, regulations and performance standards of such district. A permitted use may be a principal use, an accessory use or a conditional special use. 91 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 48 of 49 SECTION 35 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 36 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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. SECTION 37 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 38 Codification. The provisions of Section 2-34 shall be codified as appropriate in the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. SECTION 39 Effective Date. This ordinance shall be in full force and effect on _______________, 2022. 92 Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT Ord. 2124 Page 49 of 49 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ________th day of ____________, 2022. ____________________________________ 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 _______________ day of ________, 2022. ____________________________________ Cynthia L. Andrus Mayor ATTEST: _______________________________ Mike Maas City Clerk APPROVED AS TO FORM: ____________________________________ Greg Sullivan City Attorney 93 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Upcoming Items Expected for October 3, 2022 Community Development Board Meeting and Future Meetings. MEETING DATE:September 19, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The following project review items are presently scheduled for the October 3, 2022 Community Development Board meeting. 1. Cloverleaf ZMA 22218 - Review as Zoning Commission 2. 219 Haggerty Lane ZMA 22189 - Review as Zoning Commission 3. 1200 E. Main St ZMA 22184 - Review as Zoning Commission 4. Ferguson Farm II Preliminary Planned Unit Development 19028 - Review as Design Review Board 5. Ferguson Farm II Preliminary Plat 19027 - Review as Planning Board As a reminder, the Community Development Board's duties include providing recommendations to the City Commission as the impact fee advisory committee. The Board was provided training on these duties and responsibilities on April 18th. The time for the review and recommendations on the Capital Improvement Program is approaching. The training materials are available at the Board folder in Laserfiche. The recording of the April 18, 2022 meeting is also available through the City's website. Staff suggests the Board members review this material. The Board meetings in November will include actions on the capital improvement program. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. 94 Attachments: CIP Calendar FY24 to FY28.pdf Report compiled on: September 6, 2022 95 Function/Task Responsible Department FY24‐FY28 ELT‐ Kick off HR/Finance 8/10/2022 CIP Level Open for Entries Finance 8/22/2022 CIP entry trainings (At least two) Finance TBD ‐ Email with dates will go out after level opens Departments review staffing plan w/ ACM or CM ALL Departments Early September Public Works entry deadline Public Works Divisions 9/16/2022 Public Works Fund review PW Directors/Engineer/Finance 9/30/2022 ENTRY IN CIP COMPLETED ALL Departments 9/30/2022 CIP Reports to Departments Finance 10/14/2022 CIP Management meetings ALL 10/17 and 10/18 Public Works Funds 9am‐ 12pm 10/17/2022 General fund and Special Rev Funds 9am‐ 12pm 10/18/2022 HR Meets with Departments to Update Staffing Plan HR/Departments 10/2022 ‐ 11/2022 Transportation Board 10/27 Community Development Board 11/7 and 11/21 Library Board 11/16 Final CIP balancing Finance/ City Manager's Office 11/7/2022 CIP Document completed and posted linked in packet Finance 11/10/2022 Commission Meetings‐Presentation on Highlights from selected funds (one memo for action item) Finance / PW‐ Street Maint, Street Impact Fee, A&C, Water, Impact Water, Wastewater and Wastewater Impact, Stormwater, and Solid waste 11/22/2022 Staffing Plan ACM/CM meetings HR/Departments TBD Commission Meetings‐Presentation on Highlights from selected funds (one memo for action item) Finance / ALL‐ General Fund and all other Special Revenue funds 12/6/2022 Commission Meetings‐ Final Resolution Adoption Finance ‐ Resolution $$ 12/13/2022 Staffing Plan is costed Finance 12/2022 Staffing Plan CM/ACM Balancing CM/HR/ Finance 1/2023 Staffing Plan communicated prior to Budget CM/HR 2/2023 FY24 ‐ FY28 Advisory Board Meetings Finance/Public works/Fire/Library 96 Dept/Div Funds Day Time Date and Location 9am ‐12pm Solid Waste 640 9‐9:15 Stormwater 670 9:15‐9:30 Water 600 9:30‐10:00 Wastewater 620 10‐10:30 Streets (Street & Vehicle Maintenance) 111,710 10:30‐11 Engineering (PW Admin, Impact Fees, A&C, Street & Curb) 141, 610, 630 11‐12:00 9am‐ 12pm Parking 650 9‐9:10 Community Development (Planning & BI) 100, 115 9:10‐9:20 Fire 187, 113 9:20‐9:40 Forestry 112 9:40‐9:50 Parks 195 9:50‐10:10 Library Dep Fund 561 10:10‐10:20 Cemetery 10:20‐10:30 Recreation 10:30‐10:45 Facilities 10:45‐11 IT 11‐11:15 Police 11:15‐11:30 Other Depts 11:30‐12 Monday 10/17/2022 Commission Room ‐ City Hall Tuesday 10/18/2022 Commission Room ‐ City Hall Public Works General Fund Other funds 10 97 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Opportunity to "Stump the Planner" Question and Answer. MEETING DATE:September 19, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Discuss questions. 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. BACKGROUND:The Board has been meeting for almost a year and has seen many types of applications. Not all questions are appropriate to ask during review of individual projects. This agenda item is an opportunity for the members of the Community Development Board to ask questions of staff outside of a particular project review. Members may ask questions of staff in any area of the Board's responsibility. Staff may not have immediate answers to every question but we hope to have some good Board and staff discussion. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: September 15, 2022 98