HomeMy WebLinkAbout010 09-12-23 Memo to adjust NCOD BoundaryMemorandum
REPORT TO:Bozeman Historic Preservation Advisory Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Historic Preservation Advisory Board Review and Recommendation
Regarding Specific Elements of the Repeal and Replacement of the Unified
Development Code to the Community Development Board and City
Commission, Application 21381
MEETING DATE:September 12, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the draft replacement development code
as identified in the Historic Preservation Advisory Board Specific Background,
public comment, and all information presented, I move to recommend
approval of the proposed text of the identified sections of Application 21381
regarding historic preservation related requirements and standards and
NCOD boundary; and request staff to forward our recommendation to the
Community Development Board.
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:Historic Preservation Advisory Board Specific Background.
On August 16, 2023, the Board heard an overview and general summary
presentation describing the code replacement project. A video recording
[external video link] of the presentation is available for review. In addition,
the associated cover memo is available for review at the same link. Memo
attachments include summaries of work sessions held by the City
Commission, a summary of Senate Bill 382, and the full text of the bill. This
meeting provided a general overview and direction on the document to
provide lead time prior to discussion and recommendation on the draft text.
Many areas of the new Chapter 38 are outside of the scope of
responsibilities of the Historic Preservation Board.
Areas of relevance to the Historic Preservation Advisory Board and for which
a recommendation is requested are:
Deviations
In accordance with new state law, all deviations regardless of scope or
number are now decided by the Community Development Director
instead of the City Commission. 38.700.010
The deviation process is described in 38.760.040
Zoning District Density
Minimum density increased 38.210
Exceptions for some infill existing parcels 38.260.030
Restriction on demolishing multiple homes and creating fewer with
new construction 38.260.030
Accessory Dwellings
Allowed size increased 38.320.120.B
Occupancy cap removed 38.320.120.B
District Consolidation
RS, R1, R2, R3 merging to RA with enhanced form controls like wall
plates, stories - 38.210.060
NCOD boundary revision in the Midtown Urban Renewal District
The 2018 review of the historic preservation program recommended
that the city reevaluate eligibility for historic protection and adjust the
NCOD boundary accordingly. The City has completed review along the
east side of N 7th Avenue. The NCOD standards and the intentions of
the Midtown Urban Renewal Plan and adopted zoning districts in that
area are in conflict. The conflict needs to be resolved.
Creation of the B-3C zoning district
38.220.060 creates a new zoning district that includes the entirety of
the Main Street Historic District with standards for building height and
other components to recognize and support the character of that
area.
38.300.020 assigns the uses allowed within the B-3C and all other
districts.
The design guidelines for commercial construction in the NCOD will
need to be revised to address the B-3C district should the City
Commission decide to create the district.
Transitions
38.260.070 revises the method and expands the scope of where
building transitions are required at district boundaries.
The full text of the draft Chapter 38 [External PDF] is as available online. The
map tool [External link] that allows comparison of new and old zoning is also
available online.
General Background. The Bozeman Community Plan 2020 was adopted in
November 2020. It is the City's plan for land use and development. On
December 21, 2021, the City Commission adopted Resolution 5368 [External
Link PDF]. The resolution set priorities for municipal actions over the next
two years. Priorities include replacing the Unified Development Code to
“facilitate increased housing density, housing affordability, climate action
plan objectives, sustainable building practices, and a transparent,
predictable and understandable development review process.”
The City Commission budgeted funds for the work and a contract with Code
Studio was completed in June 2022 to support the City in changing
regulations. Substantial progress has been made on the project and the
formal public review process is underway. Recommendations from advisory
boards culminating with formal Community Development Board public
hearings will occur in September and October.
Bozeman implements land use planning, subdivision, and zoning as
authorized by the State of Montana and adopted existing regulations under
the laws in effect at the time. The Governor signed Senate Bill 382, the
Montana Land Use Planning Act (the Act) on May 17, 2023. The Act changes
the legal framework for land use planning, subdivision, and municipal
zoning. Bozeman must follow the Act in its planning, subdivision, and zoning
activities. A copy of the Act is attached with the August 16th packet
materials.
Bozeman already uses many of the required practices as part of its daily
activities, but some changes are needed to fully implement the bill. A more
detailed summary and the full text of the Act are available through the
August 9th packet materials. Key elements of change from the Act include:
1. What state enabling legislation applies for updated and future
regulations.
2. Changing processes and manners of public participation.
3. Required content and extent of planning information to be prepared.
4. Process changes for amendments to zoning map, regulations text, and
land use plan.
5. Changes to development review processes and approval authority for
subdivisions and zoning projects.
6. Changes to review processes for variances and appeals.
The City completed several land use related planning documents in 2020.
Implementation of those plans has been ongoing ever since. The City
Commission approved a contract with Code Studio to assist the City in code
drafting in 2022. The development code process has been adjusted to
account for the new requirements of the Act. A website [External Link] was
created on August 11, 2022, to provide continuous information to the
public, accept public comment, and support interaction and discussion on
ideas. The City Commission conducted six work sessions to evaluate issues
and give direction. Links to those work sessions are available through the
August 16th packet materials.
Major areas of changes with the UDC replacement include:
Sustainability including facilitation of electric vehicle charging, urban
agriculture allowances, support for recycling and composting,
clarification of provisions for solar energy, support for density, local
service commercial, walkability, and bicycle facilities.
Revisions and simplification for non-residential parking including some
removal of parking requirements.
Compliance with revised and new state law - These are primarily
process changes and are discussed in the August 9th attachment
regarding SB 382.
Layout and usability enhancements including changed organization,
layout, and increased graphics.
Consolidation of residential districts.
Revisions to requirements for transportation studies and standards.
UNRESOLVED ISSUES:The code and draft zoning map were released for public review on August
14th through engage.bozeman.net/udc. [External link] Public input is sought
on the draft and may identify unresolved issues.
ALTERNATIVES:The board may recommend alternative language for consideration by the
Community Development Board and City Commission.
FISCAL EFFECTS:Funds for the UDC update have been budgeted.
Report compiled on: September 5, 2023