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HomeMy WebLinkAbout001- NEHMU ZTA Narrative NEHMU ZONE TEXT AMENDMENT April 2024 April 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 April 2024 3 1. Project Team OWNER / APPLICANT Bangtail Partners, LLC Nest Partners (Attn: Erik Nelson) erik@nest-partners.com 113 East Oak Street, Suite 4B Bozeman, Montana 59715 PROJECT CONSULTANT PLANNING Intrinsik Architecture (Attn: Tyler Steinway) tsteinway@intrinsikarchitecture.com 106 East Babcock Street Suite 1A Bozeman, Montana 59715 p. 406.582.8988 April 2024 4 Project Narrative Executive Summary The project team is submitting a Zone Text Amendment (ZTA) Application to make minor updates to existing Northeast Historic Mixed Use (NEHMU) zoning to better reflect the as-built conditions of the district and allow for more housing to be considered and integrated in the neighborhood. Project Description The Applicant is requesting a minor modification to the NEHMU zoning district to better align with the existing conditions of the neighborhood and with the Community Plan. The amendment will codify apartments on the second and subsequent floors, which are already an allowable use but limited by the district’s industrial history. The district, just like Bozeman, has gone through many changes since the creation of this zone type. NEHMU was originally created in reaction to the unique existing built conditions at the time, with the intent to mitigate conflicts between residential (R-2) uses and existing historic industrial uses. NEHMU was essentially a placeholder, and not necessarily a long-term zoning district for the future. When the Community Plan was updated, this neighborhood was categorized as primarily commercial mixed use (shifting away from industrial). This was a response to the natural evolution of Bozeman’s original mixed-use district, shifting away from industrial to a more residential and eclectic art neighborhood. After discussions with the Northeast Neighborhood Association (NENA) members the desire was expressed to make updates to NEHMU, to align it with current community objectives, while maintaining the character of the district that might otherwise be lost with other zoning districts. April 2024 5 The neighborhood has wanted to see this type of change made to the zoning and originally had this included in a broader mix of edits to accompany the UDC edits. While the City, in collaboration with NENA, is in the process of proposing more code edits with the larger UDC update, there is an urgency to keep projects moving along that can respond to the intense need for housing in Bozeman. The neighborhood is in support of our request for a minor adjustment. Please see the list below for a complete list of proposed changes (also included as Appendix A): - Table38.310.040.C – Change Apartments from Accessory Use “A” (with footnote 6), to Permitted Use “P” with footnote 4 This change would allow apartments, currently capped at 50% of gross building area, to be unrestricted in area (on second and subsequent floors). The height limits, lot coverage and other setback limitations are not proposed to be changed with application. The current 50% cap wasp derived from the previous Future Land Use Map Category “Industrial.” At one time this area was planned to be more industrial in nature, and as such, the level of residential was limited to 50%. With the adoption of the new Community Plan this area’s Future Land Use was changed to Community Commercial Mixed Use (CCMU). The intent with the CCMU district is to allow for a broad mix of uses in the area and that residential uses are expected to be at higher densities. This isn’t achievable with the way the current NEHMU zoning district is written. The current text (Table 38.310.040.C) in the NEHMU code still has remnants of its industrial past and places a limit on residential (apartment) use to just 50% of the buildings total area and limited to the second floor. This cap on floor area has limited the ability to efficiently provide housing in the district. Preserving the intent and mixed-use nature of the district, this amendment will provide for apartments as primary use but still limited to the second floor just as they are now. The pattern of development and approved developments in the district have already begun to provide buildings up to 4 stories with residential uses above. The amendment will largely leave the built environment the same while including more housing in this eclectic mixed-use area of town. Responses to Zone Text Amendment (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 Community Commercial Mixed Use. The intent of Community Commercial Mixed Use is to promote commercial areas necessary for economic health and vibrancy. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. This proposed change to NEHMU will further the intent of this FLUM Category and will further several other goals and objectives of the Community Plan. April 2024 6 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. When the Community Plan was adopted, it changed the direction of this neighborhood from industrial to mixed use. Currently, one of the most significant factors holding back the NEHMU district from being a viable mixed-use district is the cap on the percentage of residential use that can be built within a structure. Removing the 50% cap and making apartments unrestricted (on subsequent floors) will remove regulatory barriers for infill and will support compact neighborhoods. 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. Apartments are already allowed in NEHMU and other zoning. 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 have no effect on the overall public health, safety and welfare of the neighborhood. The apartment use has already in line with these requirements and increasing the threshold within a building should have no effect on the public health, safety or welfare. Additionally, each application will be required through an entitlement process which will ensure conformance with these requirements. 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, the NEHMU zoning district already contemplates apartments as a use. This change only changes the threshold within a building that can be apartments. It should also be mentioned that this was likely studied during the Community Plan Update to ensure there were adequate facilities to service a mixed-use neighborhood. Additionally, conformance with these standards will be verified with each development application and any negative impacts will be required to be mitigated. e. Will the new zoning provide reasonable provision of adequate light and air? How? April 2024 7 Yes. This proposed change does not change any of the form & intensity standards of the NEHMU district which dictate the provisions of light and air. The maximum height, lot coverage, setback, parking, etc. will remain the same with these proposed changes. The proposed changes are to only change the mix of uses within a building to allow more housing to be built and conform with the existing conditions of the neighborhood. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The proposed Zone Text Amendment will have no direct impact on the motorized and non- motorized transportation systems. The proposed change increases the allowable amount of residential in a building but does not increase the maximum height of a building. This change will reflect what is existing in the neighborhood today. Additionally, the Community Plan evaluated this area and determined it was a good place for mixed use and higher density residential. Finally, each individual development application will be required to demonstrate that any overall impacts to the transportation system have been effectively mitigated. g. Does the new zoning promote compatible urban growth? How? Yes. The Community Plan and the Future Land Use Map identify what compatible urban growth looks like. This neighborhood (& zoning district) is planned to be mixed use in nature with residential on upper floors of the building. This is currently limited in the NEHMU due to the fact that apartments are limited to 50% of the building. This proposed change will eliminate this threshold. Allowing more apartments in a building promotes more people to live in the neighborhood, which will make the commercial mixed-use areas hopefully be more successful. h. Does the new zoning promote the character of the district? How? Yes. The character of the district (NE Neighborhood) has been evolving over the last decade. There is a great mix of uses that range from single household dwellings to 4 story apartment buildings, to commercial and multistory mixed-use buildings. Apartments are currently allowed as an accessory use (capped at 50% of building). The proposed change would eliminate the threshold cap. Adding apartments has a permitted use (capped to second and subsequent floors) does not fundamentally, change the character of the district but will allow for the creation of more units in the neighborhood, which arguably will make it more vibrant and successful. Finally, the Northeast Neighborhood Association (NENA) has been engaged in our proposed edits and supports the changes. 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 suitability of uses. Apartments as a use are already allowed in the NEHMU District. This change proposes to eliminate the 50% cap on apartments and allow them to be unrestricted (on second and subsequent floors). 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. April 2024 8 k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes. 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 this neighborhood as Community Commercial Mixed use as the best use for the land. Community Commercial Mixed- Use calls for a mix of uses, with multi story buildings and residential on upper stories of the building. Changing apartments from an accessory use to a permitted use (on upper floors) directly speaks to this goal of the CCMU district. Additionally, this will help promote and build upon the vibrancy of the neighborhood.