HomeMy WebLinkAbout21381 UDC Replacement Web Notice 8-23-2023NOTICE OF PUBLIC HEARINGS TO REPEAL AND ENTIRELY REPLACE CHAPTER 38, UNIFIED DEVELOPMENT CODE, OF THE BOZEMAN MUNICIPAL
CODE.
What: The City of Bozeman gives notice of public hearings to consider the entire replacement of the Unified Development Code (UDC), Chapter 38 BMC. The replacement includes both the text of the code and the zoning map. The UDC establishes the procedures and standards for review, development, and redevelopment of land within the City. Details are provided below.
The complete text of the proposed revised UDC and zoning map are available at the project
website, engage.bozeman.net/udc.
Why: The City adopts its local land development regulations within a legal framework established by the State of Montana. The 2023 Legislature adopted a new legal framework for land use planning and regulation that applies to Bozeman and completely replaces the laws that
governed earlier regulations. Bozeman must update and replace its regulations to comply with
the new Montana Land Use Planning Act. In addition, the revised UDC aids in continuing implementation of the City’s adopted land use plan, housing plan, sustainability plans, and other issue plans. These three plans were adopted in 2020 and implementation has been ongoing. Improvements for user convenience such as increased graphics, simplified language, and
document reorganization are also included.
The land use plan and supporting issue plans address how the City of Bozeman intends to grow, the impacts of development and various ways to mitigate impacts of additional development. State law limits the scope of and opportunity for public participation and comment on site-specific development in substantial compliance with the land use plan must be limited to
only those impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations. Therefore, it is important that people participate during this consideration of the replacement UDC, which will implement zoning and subdivision regulations consistent with the City’s land use plan and other adopted issue
plans.
When and Who: On Monday, September 11, 2023, at 6:00 p.m., the Community Development Board acting in their capacity as the Zoning Commission and Planning Board (Planning Commission) will hold an introductory public meeting regarding the replacement of Chapter 38, Unified Development Code, in the Commission Room at City Hall, 121 N. Rouse
Ave. Bozeman MT. Members of the public will also be able to participate remotely via a virtual
platform. Instructions for joining the virtual meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.
On Monday, September 18, 2023, at 6:00 p.m., the Community Development Board acting in
their capacity as the Zoning Commission and Planning Board (Planning Commission) will
conduct a public hearing to receive public testimony and consider a recommendation on the replacement of Chapter 38, Unified Development Code, in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public will also be able to participate remotely via a virtual platform. Instructions for joining the virtual meeting will be included on
the meeting agenda which is published on the City’s website at least 48 hours prior to the
meeting. The agenda is available at https://www.bozeman.net/meetings.
If needed, the public hearing may be continued and considered further on additional days, including October 10th and October 16th. Continued meetings will also occur on 6 pm at the same
location and via virtual platform.
Separate notice will be provided for public hearings before the City Commission.
How: The replacement will be implemented by adoption of an ordinance by the City Commission after receiving a recommendation from the Community Development Board, considering public comments, and considering the criteria for adopting regulations under the
Montana Land Use Planning Act. The regulations must be consistent with the adopted land use
plan, the Bozeman Community Plan 2020 and associated issue plans, which are the basis for implementing regulations.
The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria established in the
Montana Land Use Planning Act, Section 21(2) and Section 27(2). The Montana Land Use
Planning Act is available at https://leg.mt.gov/bills/2023/billpdf/SB0382.pdf. Comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue review the proposed replacement UDC for compliance with applicable regulations, refine language in response to public comments, and provide analysis of
criteria and comments.
The Community Development Board must provide a recommendation on the proposal. As part of their recommendation, they may suggest alternate text or zoning map designations from what is initially included in the public review draft.
The City Commission will also hold a public hearing to consider the proposed replacement
UDC. The City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred to in this notice during the public hearing process. At this time, the City Commission is expected to begin their review on October 24, 2023.
The complete text of the proposal and draft zoning map is available through the project website,
engage.bozeman.net/udc, or the Department Community Development, 20 E Olive Street,
Bozeman MT 59715; 406-582-2260. The proposal may be revised as the public review process proceeds.
The City invites the public to comment in writing and to attend the public hearings. Written comments are encouraged and may be directed to City of Bozeman, Department of Community
Development, PO Box 1230, Bozeman, MT 59771-1230 or emailed to agenda@bozeman.net. Please reference Application 21381 in all correspondence.
For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).
Details: The proposed text and map are complete replacements of all previously adopted text and
zoning maps. There will be differences in zoning districts, allowed uses, development standards and processes, and the zoning map. Many elements of the new and old regulations and zoning map are similar if not identical. However, to implement policies from adopted planning documents, like the Bozeman Community Plan 2020, and the new legal framework established
by the Montana Land Use Planning Act, many proposed elements are different. Key differences are identified below. This is not an exhaustive list because the changes are too numerous to list
individually, and everyone is encouraged to study the entire document and zoning map to
understand the full scope and nature of the new regulations.
Formatting, layout, and organization – These proposed changes are unique to Bozeman’s UDC.
• Each zoning district is portrayed in two parts, one part for lot information, and one part
for building information with key standards identified at a high level. See divisions
38.210, 38.220, 38.230.
• The key standards in each district are connected by hyperlinked references to Rules of Interpretation which provide additional details applicable to each standard. See for
example section 38.210.020.
• Increased use of graphics to illustrate standards. See for example section 38.260.110.
• Wording is revised to be less technical and formal.
• Document has been reorganized to place administrative processes at the end and district and use information in the beginning. See Article 7 for administrative processes.
Changes to Processes – These process changes are a result of changes in state law.
• Administrative decision maker assigned to all site development review and decision
making, including variances and preliminary plats, instead of the City Commission, and
removing requirements for public meetings. See section 38.700.010.
• Replacement of criteria required for adoption or amendments to the UDC text or zoning map. The criteria previously used to evaluate additions or changes to the UDC, under
Montana Code Annotated 76-2-304 no longer apply and the state has removed the protest
provisions for zoning amendments. See division 38.770.
• Administrative appeals process has changed and now has two steps, first an administrative decision may be appealed to the planning commission and second, a
decision of the planning commission may be appealed to the city commission. See
section 38.760.030.
• Public notice of individual site development projects and opportunity to comment has been substantially reduced to comply with state law; public comment will be in writing, the time period for public notice and opportunity to comment for text and map
amendments increases and continues to have public hearings. See division 38.730.
• Review of individual site development or subdivision no longer includes advisory body input. See divisions 38.740 and 38.750.
Changes to Development Standards and Zoning Districts – These are in part a result of
changes in state law and in part implementation of local adopted policies.
• The City has renamed most residential districts to avoid confusion with the same terms being used for different purposes in the building code. An important change is consolidation of the existing RS, R1, R2, and R3 zoning districts to the new RA zoning district. See sections 38.200.020 (lot and building standards) and 38.300.020 (uses within
each zoning district.) for the new standards.
• The names and definitions of most residential uses have been changed to match with definitions used in state law. See sections 38.300.020 and article 8.
• Deleted the R-O and UMU zoning districts. These districts were replaced on the zoning
map by best fit alternative districts and vary by location. See section 38.200.020 and the
zoning map.
• The number and type of zoning districts, along with allowed land uses have changed. See divisions 38.200 and 38.300
• Removed a requirement that residential lots have a minimum size per home. See division
38.210.
• The minimum residential density in residential districts increased, some exceptions to compliance are provided for existing lots. See division 38.210 and section 38.260.030
• Parking for everything except housing – The requirements are simplified, mixed uses given more flexibility, and the required quantity of parking generally is decreased. Some areas no longer require minimum parking, several alternatives to providing vehicle parking have been removed, including the former SID 565. Parking categories will be consistent with the names of land uses. Standards for physical configuration of parking
have few changes. See sections 38.300.020 and 38.530.040.
• Set a new method to define building heights. Changed from fixed height in feet to a set number of stories in all districts. This provides both site specific flexibility in building design and a general overall structure and maximum height limits. See section
38.260.100.
• Short- and long-term bicycle parking standards are established that replace the existing requirements that previously linked bicycle parking amounts to the number of motor vehicle parking spaces. See section 38.530.070.
• Revised the building height transitions between zoning districts. Require a greater number of circumstances for a building height transition to provide a less abrupt difference in building heights between adjacent zoning districts. See section 38.260.070.
• Replace the information required with a transportation impact study, modify functional
standards for how streets are allowed to carry traffic, and revise mitigation criteria and methods for when development must off-set the impacts on streets from additional development. See sections 38.400.060 and 38.710.050.
• Merge most development standards previously presented as Block Frontage in the
existing Article 5 into the individual zoning district standards and the associated rules of interpretation Article 2 and Division 38.520.
Changes to the zoning map – A zoning map must implement the future land use map from the Bozeman Community Plan 2020 and shows where the standards described in the text apply.
• The R-O district was deleted from the zoning text. This requires replacement of the R-O
zoning district on the zoning map with alternate districts. Due to the many different locations, uses, and future planned uses where R-O used to be, the replacement zoning districts vary by location.
• Creation of the B-3C zoning district to reflect the unique characteristics and historic
nature of that area. (Generally, between the alleyway north of Main Street and Babcock and between Grand and Rouse)
• Show the RA district (consolidation of the previous RS, R1, R2, and R3 districts) on the zoning map.
• Show the RB (renamed from R4) and RC (renamed from R-5) districts.
• Apply the Public Land and Institutions (PLI) zoning district for all parks and schools
which were previously shown as other zoning districts.
• The B-2M zoning district replaces most areas of B2 along the Main Street corridor, at Kagy and S 19th, the corner of Baxter and Davis, along College Street, and other select locations.
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