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HomeMy WebLinkAbout001- Narrative ALLEY SETBACK ZONE TEXT AMENDMENT January 2024 January 2024 2 Table of Contents Narrative I. Project Overview II. Response to Zone Map Amendment Approval Criteria Appendices Appendix A – Code Sections Marked Up Appendix B – Edited Code Sections Clean January 2024 3 1. Project Team Owners & Applicant: Bridger Land Group Attn: Grant Syth 115 West Kagy Boulevard, Suite L Bozeman, MT 59715 Email: Grant@bridgerlandgroup.com Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406.582.8988 Email: tsteinway@intrinsikarchitecture.com January 2024 4 Project Narrative Executive Summary The project team is submitting a Zone Text Amendment Application to update the Alley Setbacks for attached single household structures in REMU to a logical configuration that will simplify and make the current code easier to understand . Project Description The Applicant is requesting to add a row to the form and intensity table for the REMU zoning district to align with the growth policy and to clean up the existing UDC. Currently, the UDC does not specify any alley setback standards in the REMU Zoning District like several of the commercial zoning districts do. Not including this alley setback requires applicants to rely on other zoning standards that muddy the waters on what is required. This is remedied in the new Draft Development Code, but due to the uncertainty of when that will be adopted, this ZTA has been submitted. This standard affects projects that are being planned and some that are currently under review. When evaluating the rear yard setback for properties along an alley, there are several standards in the Code that allow the setback requirements to vary slightly, which leads to confusion. The intention with this ZTA is to simplify these standards. The existing code sections in contemplation are: - Table 38.320.040. – Rear Yard Setback for single households up to apartments is 15’. - 38.360.030.I.b – Detached Structures Setback Requirements Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint may not be located in any front, side, or corner-side setback. The accessory structure must be set back a minimum of either: a. Six feet, or b. When parking is provided between the structure and the rear property line, 20 feet except when required parking spaces need a greater setback for back-up maneuverability. See the following examples: Alley Right-of-Way Width Setback for Garage without Stacked Parking Setback for a Garage with Stacked Parking Off of an Alley 30 feet 6 feet 20 feet 20 feet 6 feet 24 feet 16 feet 8 feet 28 feet 14 feet 10 feet 30 feet January 2024 5 - Accessory structures greater than 600 square feet may not be located in any required front or side setback, or in a rear setback when no alley is present. Adequate back-up maneuverability for required parking spaces must be provided. - Accessory structures greater than 600 square feet may be located in required rear setbacks when an alley is present and must provide adequate backup maneuverability for required parking spaces. - Figure 38.360.220.E : To summarize, on one hand it appears the current code requires a 15’ rear yard setback for the primary structure but the standards listed 38.360.030.I.b. allow for a situation where a detached structure is only 6’ off the alley. Furthermore, the diagram included as Figure 38.360.220.E (above) outlines a situation where the primary structure only has a 6’ setback off an alley. The crux of the discrepancy relies on the difference between the primary structure and detached structures. Detached structures, because they are not physically attached to the main structure, are allowed to be 6’ from the alley, while primary structures adjacent to the alley must be a required 15’ off the alley. It has been argued that the reason for the difference in standards is to break down the massing of a building but the new Draft Development Code looks to simplify this section and allow for the a 5’ alley setback. There are other standards in the current UDC such as required open space that address massing. Finally, separating the garage from the main house on smaller lots does little to break down the massing because both structures can be similar size and ultimately results in less backyard privacy. January 2024 6 Our request to amend the code also implements one of the proposed changes early, allowing for the construction of homes sooner. Requiring wide setbacks along alleys defeats the true purpose of the alley. Alleys are intended to be narrower for providing access to the rear of the lots. When there is a drastic setback from the alley, it encourages higher speeds and short cuts from streets. These areas that are intended for back of house functions and access should be narrow to limit non-residents from using that as a means of transportation. It should also be mentioned that the pausing of the new Development Code resulted in several applications being delayed. While it was done at risk, several alleys loaded lots in Blackwood Groves were designed utilizing the detached garage setback of 6’. Without this ZTA the building permit applications that are under review cannot be approved without either significant redesign or waiting for the new code. This ZTA is looking to remedy this and allows housing units to be built now. Responses to ZTA Approval Criteria Below are responses to the ZTA Approval Criteria (Section 76-2-304, MCA) that address how the project relates to and meets the criteria outlined for the approval of a zone change. a. Is the new zoning designed in accordance with the growth policy? How? Yes. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Residential Mixed Use. The intent of Residential Mixed Use is to promote neighborhoods that are primarily comprised of residential uses that vary in type, scale, and form, while simultaneously allowing for small-scale commercial and civic uses to support these primary residential components. This property is zoned REMU, which is consistent with the Community Plan vision for the Residential Mixed-Use designation. The purpose of this proposed change is to establish criteria for residential alley setbacks, which will establish a protocol that ensures that the residential components properly mesh with the other allowed uses in communities with this zoning designation. This proposed ZTA is consistent with several goals and objectives of the community plan including: Goal DCD-1 Support urban development within the city DCD-1.2 Remove regulatory barriers to infill N-3.7 Support Compact neighborhoods, small lot sizes and small floor plans, especially through mechanisms such as density bonuses. R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. January 2024 7 R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. Amending the current UDC to align with the proposed Development Code will allow for projects to move forward quicker and will allow for infill housing to be constructed now. This change will allow for the development of at least 20 homes in Blackwood Groves alone. This change will also allow for more urban development to happen within the city. Allowing for structures to be closer to the alley, will increase the spatial enclosure which helps to reinforce the road hierarchy and re-establish alleys as secondary accesses that are primarily intended for the adjacent lot owners to use for access to their property. This will help discourage normal vehicular traffic through alleys, which in turn, will encourage non-motorized transportation users like bicyclists and pedestrians to use alleys more. This change will simplify the UDC ahead of the New Development Code and will allow align with the goals of more flexibility and improvement/advancement of best practices. b. Will the new zoning secure safety from fire and other dangers? How? Yes. This Zone Text Amendment will have no effect on safety from fires or other dangers. This change was contemplated in the Draft Development Code. Also, it is allowed in other zoning designations and for accessory structures. This shall have no effect on fire safety. Finally any proposed structure will have to comply with the adopted building & fire codes which adequately address fire safety. c. Will the new zoning promote public health, safety and welfare? How? Yes. The proposed Zone Text Amendment will promote health, safety and welfare by increasing transportation safety in alleys. The proposed Zone Text Amendment would allow for attached structures to abut alleys more closely. This increased spatial enclosure helps to reinforce the road hierarchy and re-establish alleys as secondary accesses that are primarily intended for the adjacent lot owners to use for access to their property. This will help discourage normal vehicular traffic through alleys, which in turn, will encourage non-motorized transportation users like bicyclists and pedestrians to use alleys more. The increased presence of non-motorized transportation users accessing alleys will also discourage motorists to decrease their rates of speed. d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? Yes. This Zone Text Amendment will have no impact on the current provisions of transportation, water, sewage, schools, parks or any other public requirements. As previously stated, this proposed Zone Text Amendment is proposing what is currently allowed in other zoning designations and is being brought forth to provide clarity to the rules and regulations of residential uses within the REMU Zoning District. January 2024 8 e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes. This proposed change will only have an effect on alley setbacks; therefore, primary private & public spaces will remain unchanged. The proposed changes will have no impact on any aspects of the design, function, or appearance of streets, street frontage, open space, or parks. This absence of impact includes the aspects of light and air adequacy. Additionally, the proposed change would allow for conditions that are already found elsewhere throughout the City in other zoning districts, which indicates that the conditions that this change would allow for have already been found to reasonably provide adequate light and air. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The proposed Zone Text Amendment would allow for the space between structures that abut alleys to become smaller. This increased spatial enclosure will help to visually establish alleys as secondary rights-of-way to streets. This will discourage vehicular traffic in alley ways by non-residents, by increasing the notion of privacy and reduced speed. With this reduction in vehicular traffic, alleys will become safer and more inviting to non-motorized transportation users like bicyclists and pedestrians. While presence of alleys allows property owners to access their property via the rear, preserving street-fronting building appearances, increased safety for non-motorized transportation users in alleys unlocks another purpose of these rights-of-way; to break up block lengths & make neighborhoods more walkable. Providing more viable transportation for non-motorized transportation users will benefit all transportation users, as the risk for incidents between motorized and non-motorized will decrease. g. Does the new zoning promote compatible urban growth? How? Yes. Stated intent and purpose of the REMU Zoning District is “To establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by:” b. Support compact, walkable developments that promote balanced transportation options; h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5.d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; 5.e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. The proposed Zone Text Amendment only furthers these ideas of compact, walkable development and compatible urban growth. The ability to build a structure 6’ off an alley already exists with detached garages, our intention is to allow this for attached garages to which would have no impact on these goals or the ability to promote compatible urban growth. Finally, the new Development Code aims to make a similar change. January 2024 9 h. Does the new zoning promote the character of the district? How? Yes. The City of Bozeman’s Unified Development Code states that one of the REMU Zoning District’s intended purposes is to “Support compact, walkable developments that promote balanced transportation options”. The current residential alley setback standards in this zoning district are contrary to this stated goal. By allowing for a smaller alley setback for all structures in REMU, it will allow for more compact walkable developments. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? No. This Zone Text Amendment will not affect the permitted uses. The request is to modify the setback requirements to eliminate confusion and harmonize the code. j. Was the new zoning adopted with a view of conserving the values of buildings? How? Yes. This proposal should have no effect on the value of buildings. The request won’t substantially change anything that would affect the values of buildings. k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes. As stated above, this property has been planned for Residential Mixed Uses & densities for many years. The Community Plan illustrates the most appropriate uses of land through the future land use map. The future land use map category in this case identifies these parcels as Residential Mixed Uses as the most appropriate type of development for this property. The REMU zoning district successfully implements this Residential Mixed-Use vision. The proposed changes won’t result in any changes to the already approved permitted uses.