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Home My WebLink About10-05-23 Public Comment - C. Dayton - NEHMU- Revisions needed for UDC update draft CDBFrom:Chandler Dayton To:Agenda Cc:Amy Kelley; Cathy Costakis; delmue; Chandler Dayton Subject:[EXTERNAL]NEHMU- Revisions needed for UDC update draft Date:Tuesday, October 3, 2023 7:12:52 PM Attachments:NEHMU revisions FINAL w exhs.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. TO: Community Development Board Members, Mayor, City Commissioners, City Staff and Code Studio Consultants From: Amy Kelley Hoitsma, Chandler Dayton, Jason Delmue, Cathy Costakis RE: NEHMU - Revisions needed for current UDC update draft Please see the letter and exhibits attached to this email. Chandler Dayton 716 E Peach St, Bozeman, MT 59715 TO: Commissioners, Board Members, Staff, and Code Studio FROM: Amy Kelley Hoitsma, Chandler Dayton, Jason Delmue, Cathy Costakis RE: NEHMU Housing (and more) Revisions to the Draft UDC DATE: Oct. 3, 2023 Greetings Commissioners, Board Members, Staff, and Code Studio: Thank you for your considerable work on the UDC Update. What follows are a few necessary impactful revisions offered regarding NEHMU. First, here is the list. Then the rationale and background. 1. % max residential: For mixed-use buildings that have a residential component, increase to 80%* the allowed percentage of total square footage for residential (from 50%). 2. Restaurant use: increase max SF to 3,000 (from 1,500). 3. Retail use: a. Make a principal use (not a special use) b. As a result, delete the language constraining retail as an accessory use. 4. Arts and Entertainment Center: should be a principal use 5. Meeting Hall: should be a principal use 6. Mixed-use Building Height: Reduce from draft 5 stories max to 4 stories*. (Under the existing code, the maximum height is 50 feet. While we understand the move to change the standard from feet to stories, anything more than 4 stories seems likely in many scenarios to significantly exceed 50 feet in height. The point here is to keep the current height limit (converted to stories) rather than to increase it as the draft language would do.) RATIONALE We believe that the following changes would make NEHMU significantly more current and useful, not only for some types of residential projects but also for the neighborhood -scale mixed uses that are compatible with the area, including uses that are already underway. As we all have seen, those proposing projects in NEHMU are consistently asking for their parcel to be zoned out of NEHMU— often to B-2M. We would rather that NEHMU be current and useful for good, appropriate projects than for NENA residents to be essentially forced to keep opposing applications to re-zone that would chew away NEHMU from the edges We believe that the unique NEHMU zone should be kept geographically intact. As we followed the UDC update process±—and specifically the work sessions before the Commission—we believe that a majority of Commissioners agree. We also believe that there was similar support expressed by the Commission for updating NEHMU to make it useful. As it currently stands, the NEHMU code makes it impossible to carry through with projects that the community most needs: those featuring denser residential offerings. As a result, there has been a de facto moratorium on these projects in NEHMU (or a de facto requirement to use a PDZ or to ask for re-zoning). We believe that this list of proposed changes is consistent with the character of the NEHMU area and consistent with the community’s goals as expressed in the Community Plan (Nov. 2020), the UDC Affordable Housing Assessment (Clarion, Dec. 2021), the Community Housing Action Plan (Apr. 2020), and the Community Housing Needs Assessment (Feb. 2019). BACKGROUND For the past several months, we, as involved residents of NENA, reviewed the old code as it pertained to the NEHMU zone. We consulted with several individuals who have designed or proposed projects in NEHMU: architect Doug Minarik; Nest Partners (architect Erik Nelson); Intrinsik Architecture (Rob Pertzborn and Tyler Steinway); and Outlaw Partners (Eric Ladd and Mike Magrens). We also consulted with Susan Riggs (Grounprint) and Marty Matsen (Fall Creek Planning). We believe that what is set forth herein is supported by these people (although we acknowledge that some would advocate for even more significant moves in the direction of permissibility; and please see the P.P.S. regarding max building stories*). Once the draft code was released, we turned our attention to it. We ask that these suggestions be specifically discussed by the Staff and Code Studio and explicitly responded to at the next Community Development Board meeting, with a recommendation to adopt or not adopt, along with rationale. We also ask that the Commissioners, as they recently did with the PRAT Plan, consider making motions to amend the draft UDC to adopt these suggestions (as a group or individually) into the final version to be adopted. Thank you for your service to the community and your consideration of these ideas. Sincerely, Amy Kelley Hoitsma Chandler Dayton Jason Delmue Cathy Costakis (continued on next page) P.S. We were pleased to see additional residential uses added to NEHMU as principal uses (such as 3- and 4-unit buildings), the removal of redundant constraints (such as minimum lot area and width), and the removal of the prohibition against residences being on the ground floor of mixed-use buildings. We were also pleased to see the explicit and expanded allowance of agricultural uses. *P.P.S. Mike and Eric from Outlaw Partners conveyed that they think 5 stories max is more in line with other City adopted plans and that the max percentage of residential in a mixed-use building should be increased beyond 80% to 90% or 95%. PUBLIC REVIEW DRAFT | SEPTEMBER 7, 2023 2-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA D. Mixed Use: Building Standards 1. Vertical Massing Sec. 38.260.100 A Height (max)5 stories Wall plate height (max)n/a 2. Horizontal Massing Sec. 38.260.110 Dwelling units per building (max)n/a B Building width (max)200' 3. Activation Sec. 38.260.120 C Active depth (min) Residential 9' Nonresidential 20' 4. Floor Height Sec. 38.260.130 D Ground story height (min/max) Residential 9'/18' Nonresidential 12'/18' E Upper story height (max)15' F Ground ﬂoor elevation (min/max)-2'/5' Primary St.Side St. 5. Windows Sec. 38.260.140 G Ground story (min) Residential 30%30% Nonresidential 60%30% H Upper story (min)15%15% I Blank wall width (max)15'20' 6. Entrances Sec. 38.260.150 J Street-facing entry spacing (max) Residential 40'60' Nonresidential 60'100' Entry feature Required Required Options • Porch • Covered entry • Recessed entry ARTICLE 2 - ZONING DISTRICTS NEHMU NORTHEAST HISTORIC MIXED USE 4 PUBLIC REVIEW DRAFT | SEPTEMBER 7, 20233-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA Sec. 38.300.020. - Allowed use table. Use RESIDENTIAL COMMERCIAL & MIXED USE INDUSTRIAL Use StandardR-AR-BR-CR-MHB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIGeneral Residential Single-unit dwelling P P P P —————P P ———— Two-unit dwelling P P P P —————P P ———— Three-unit dwelling P P P ——————P P ———— Four-unit dwelling P P P ——————P P ———— Multi-unit dwelling P*P*P —P*P*P P P*P P*P*P*——38.320.030.A Townhouse/rowhouse P*P*P*—P*S*P*P*—P*P*P*———38.320.030.B Manufactured home community ———P ——————————— Group Residential Community residential Up to 8 residents P P P P P P P P P*P P P ———38.320.040.A 9 or more residents S P P ——S S ——P —S ——— Cooperative household P P P S —————P S ———— Group living P*P*P*P*P*P*P*P*P*P*P*P*———38.320.040.B Lodginghouse S P P ——S S S S*P —————38.320.040.C Recreational vehicle park S*——P*———————————38.320.040.D Transitional & emergency housing S*S*S*S*—S*S*S*S*S*S*S*S*—S*38.320.040.E Recreation, Culture & Entertainment Adult business ————————————P*P*—38.320.050.A Amusement & recreation —————P P ———P —P S — Arts & entertainment center ————P P P P P P*————P 38.320.050.B Casino ————————————S S — Community center S*S*S*S*P*P*P*P*P*P*P*P*P*P*P*38.320.050.C Golf course S —————————————— Lodging Bed & breakfast S P P ——————P S ———— Hotel/motel —————P P P P P*P P P P —38.320.060.A Short term rental Type 1 & 2 P*P*P*——P*P*P*P*P*P*————38.320.060.B Type 3 —————P*P*P*P*P*—————38.320.060.B KEY P = Permitted as a principal use A = Permitted as an accessory use S = Special use approval required * Use standards apply — Use Not allowed P PUBLIC REVIEW DRAFT | SEPTEMBER 7, 2023 3-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA Use RESIDENTIAL COMMERCIAL & MIXED USE INDUSTRIAL Use StandardR-AR-BR-CR-MHB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIPublic, Government & Regional Business, trade, technical or vocational school ————P*P P P —P P P P P P 38.320.070.A Cemetery ——————————————P Essential services Type II P*P*P*P*P*P*P*P*P*P*P*P*P*P*P*38.320.070.B Type III S*S*S*S*S*P*P*S*S*S*P*P*P*P*P*38.320.070.B Meeting hall —————P P P —P ————— Production manufacturing & generation (electric/gas)—————————————S P Public, nonproﬁt, quasi- public institution ——————————————P*38.320.070.C Public building/publicly owned land used for a park, playground or open space P P P P P P P P P P P P P P P Solid waste transfer station —————————————S P Solid waste landﬁll ——————————————S Truck, bus or rail terminal ——————————P —P P P Personal & General Service Animal shelter ——————————S —S S P Automobile washing —————P P S —S P —P P — Daycare center P P P S P P P P P*P P P S S P 38.320.080.A General service ————P*P P P P P P P*P S —38.320.080.B Health & exercise ————P*P P P P P P S*P P —38.320.080.C Medical/dental o ce, clinic —S*S*—P*P P P —P P P P P —38.320.080.D Mortuary —————S S S ——————— O ce —S*S*—P*P P P P P P P P P —38.320.080.E Personal service ——P*—P*P P P P P P*P*P*P*—38.320.080.F Truck, bus repair, washing, & fueling ——————————S —S P P General Retail Alcohol sales, on-premise consumption ————S*S*S*S*S*S*S*S*S*S*—38.320.090.A KEY P = Permitted as a principal use A = Permitted as an accessory use S = Special use approval required * Use standards apply — Use Not allowed P PUBLIC REVIEW DRAFT | SEPTEMBER 7, 20233-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA Use RESIDENTIAL COMMERCIAL & MIXED USE INDUSTRIAL Use StandardR-AR-BR-CR-MHB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIAutomobile fuel sales/ repair ————S*S*S*S*—S*P*—P*P*—38.320.090.B Convenience use —————P*P*P*—P*P*————38.320.090.C Heavy retail and service establishment —————P S S —S P —P P — Restaurant ——P*—P*P P P P P P*P*P*P*—38.320.090.D Retail Less than 40,000 sf GFA ——P*—P*P P P P P S*P*S*S*—38.320.090.E 40,000 sf and over GFA ————P*P*P*P*P*——————38.320.090.E Industrial & Wholesale Junk salvage/automobile reduction/salvage yard —————————————S — Manufacturing Artisan ————P P P P P P P P P P — Light —————S S S —P P P*P*P —38.320.100.A Moderate —————S S ———P P P P — Heavy ————————————S P — Outside storage ————————————P P P Warehousing ——————————P —P P — Warehousing, mini storage —————————P*—P*P*—38.320.100.B Agriculture Urban farm ————P P P P P P P P P P P Community garden P*P*P*P*P*P*P P P P P P P P P 38.320.110.A Accessory Accessory buildings, uses and equipment A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.120.A Accessory dwelling unit A*A*A*——————A*A*—A*A*—38.320.120.B Daycare center A A A A A A A A A A A A A A A Family/group day care A A A A A A A A A A A A A A A Farm stand A*A*A*———————A*———A*38.320.120.C Greenhouse A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.120.D Essential services: Type I A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.070.E Home-based business A*A*A*A*A A A A A A A A A A —38.320.120.F KEY P = Permitted as a principal use A = Permitted as an accessory use S = Special use approval required * Use standards apply — Use Not allowed P* PUBLIC REVIEW DRAFT | SEPTEMBER 7, 2023 3-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA DIVISION 38.320. SPECIFIC USE STANDARDS Sec. 38.320.010. - Purpose. The purpose of this division is to further describe the standards and conditions under which certain uses may be permitted as principal, accessory or special uses in speciﬁc districts. Sec. 38.320.020. - Applicability. All uses listed in this division are subject to the speciﬁc standards described for each use, in addition to all other applicable standards. Sec. 38.320.030. - General residential uses. A. Multi-unit dwelling. 1. R-A, R-B. There is a limitation on the maximum number of dwelling units in a building - see 38.210. 2. B-1, B-P. Total residential ﬂoor area is limited to 35% of the total gross ﬂoor area for the entire project. 3. B-2. a. Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge area, meeting space or mail room are allowed on the ground ﬂoor. b. Allowed on the ground ﬂoor through special use process. 4. B-3C. Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge area, meeting space or mail room are allowed on the ground ﬂoor. 5. NEHMU. Total residential ﬂoor area is limited to 50% of the total gross ﬂoor area for the entire project. 6. M-1. Total residential ﬂoor area is limited to 25% of the total gross ﬂoor area for the entire project. B. Townhouse and rowhouse. 1. Purpose. a. To enhance the character of the street. b. To maintain "eyes on the street" for safety to pedestrians and to create a more welcoming and interesting streetscape. c. To de-emphasize garages and drive aisles as major visual elements along the street. 80% PUBLIC REVIEW DRAFT | SEPTEMBER 7, 20233-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA 4. All structures approved under these standards must be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings must accompany each application and construction must be in conformity thereto. Architectural detailing must be consistent on all four sides of the building; 5. Parking space for each service stall in the station must be provided. Pump islands must not be considered as service bays. Standing areas at pump islands and interior circulation areas must not be used as parking areas in calculating required parking spaces; 6. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment is permitted except as may be speciﬁcally allowed in that zone; 7. Automotive repair facilities. a. All repairs or painting must be performed within a building; b. No site plan will be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; c. Any facility must be designed to contain and minimize noise and odors; and d. All facilities must have a water quality facility (oil/water separator) as part of the water quality design for stormwater runo , and must conform to 38.410.080. C. Convenience use. 1. All convenience uses must be designed with an architectural and design character that is appropriate for and compatible with the area; 2. Standardized corporate identiﬁcation themes integrated into the architectural design is considered sign area and subject to the requirements of 38.560. Excessive use of themes may be grounds for denial; 3. When located in shopping centers, the architectural character of the building must be integrated with the design theme of the center through the use of the same building materials, shapes and details. The e ect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, drive aisles, setbacks and signage must be integrated with the entire design theme of the project; 4. The elevation design of the building must provide design character and detailing on all four sides; and 5. Screening of drive-through areas may be required to control glare a ecting public right-of-way or adjacent properties. 6. Noise from drive-through speakers must not be audible from adjacent residential districts. D. Restaurant. 1. R-C. 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. PUBLIC REVIEW DRAFT | SEPTEMBER 7, 2023 3-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA 2. B-1, B-P. The footprint of an individual building cannot exceed 15,000 square feet. 3. NEHMU. Limited to 1,500 square feet of gross ﬂoor area per individual tenant. 4. M-1, M-2. 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. E. Retail. 1. Up 40,000 SF GFA. a. R-C. 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. b. REMU. (1) Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than 1 structure per 25 acres of contiguous master planned development. (2) Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than 1 structure per 50 acres of contiguous master planned development. c. B-1, B-P. The footprint of an individual building cannot exceed 15,000 square feet. d. NEHMU. (1) Accessory retail sales of goods produced or warehoused on site and related products is allowed, not to exceed 20 percent of gross ﬂoor area or 10,000 square feet, whichever is less. (2) Retail as a principal use requires a special use permit. e. M-1, M-2. (1) Accessory 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. (2) Retail as a principal use requires a special use permit. 3,000