HomeMy WebLinkAbout20231026162632835 AFFIDAVIT OF PUBLICATION REVISED NOTICE OF •Coordination with State law.
STATE OF MONTANA, PUBLIC HEAAND ENTS TOIRELY
• Location of zoning
chiding
REPEAL AND ENTIRELY on the zonin ma including
COUNTY OF GALLATIN REPLACE CHAPTER 38, revisions to boundaries, appli-
UNIFIED DEVELOPMENT cation of changes in the zon-
CODE,OF THE BOZEMAN ing text such as consolidation,
I, Ann Harms, Legal Specialist being first duly sworn, de- MUNICIPAL CODE. deletion, n creation of zoning
g p g y districts and revisions to im-
ose and say that I am the principal clerk of the publisher What: The City of Bozeman prove consistency with the fu-
p y P P P gives notice of public hearings ture land use map of the Boz-
of the Bozeman Dail Chronicle a newspaper in general to consider an ordinance that eman Community Plan 2020.
)' g would repeal the entire Unified
, Montana; that I Development Code (UDC), THE PUBLIC IS GIVEN NO-
circulation, Bozeman, Gallatin County, Chapter 38 BMC and replace TICE THAT EVERY COM-
it from m personal knowledge that the Legal# 110452 REG-
with a new UDC.The repeal PONENT OF THE
y P g g and replacement includes EXISTING LAND USE EG-
both the text of the UDC and ULATIONS IS SUBJECT TO
REVISED NOTICE OF PUBLIC HEARINGS TO the City's zoning district map. REPEAL AND REPLACE-
The UDC establishes the pro- MENT. THIS MEANS THAT
a printed copy of which is hereto annexed,was published in cedures and standards for CURRENT ZONING AND
review, development, and re- SUBDIVISION REGULA-
the entire issue of said newspaper for: 4 development of land within the TIONS WILL NO LONGER
City including subdivision and BE APPLICABLE; SIMILAR
zoning regulations. STANDARDS MAY BE AD-
OPTED WITH THE NEW
What a complete repeal and REGULATIONS. IF THE OR-
Insertion(s) in the following issues: 09/16/23, 09/23/23, replacement means is that all DINANCE REPEALING AND
existing elements of the City's REPLACING THE UDC IS
09/30/23, 10/07/23 UDC including but not limited ADOPTED BY THE BOZE-
to the following are proposed MAN CITY COMMISSION
for repeal and subject to THE CITY WILL APPLY THE
change if the UDC replace- NEW UDC REGULATIONS
ment ordinance is adopted by TO ALL LAND DEVELOP-
the Bozeman City Commis- MENT AND LAND USES
sion: ONCE THE ORDINANCE BE-
Total Cost: $1,200.00 COMES EFFECTIVE.
•The uses allowed or prohib-
ited in any zoning district and Further details are provided
the associated review process below. The complete text of
for approval. the proposed revised UDC
• The number, names and and zoning map are available
purposes of the City's zoning at the project website,engage.
districts including residential, bozeman.net/udc.
commercial, mixed use, and
industrial districts. Why: The City is legally ob-
•Standards of land and build- ligated to conform its zoning
ing development in all zon- and subdivision regulations to
ing districts and for all uses its adopted growth policy(land
including without limitation use plan) and supporting is-
Subscribed and sworn b Ann Harms before me on: building heights and setbacks sue plans. The revised UDC
y as well as other regulations continues implementation of
On 18th day of October, in the year of 2023 controlling building placement the City's adopted land use
and construction. plan, housing plan, sustain-
- Regulations addressing un- ability plans, and other issue
der what circumstances a plans. These three named
landowner must provide public plans were adopted in 2020
or private infrastructure and and the City's implementation
the standards for construction of its Community Plan has
of new infrastructure. been ongoing.The new UDC
• Definitions of all terms used also includes changes to aid
throughout the UDC including in user convenience. These
those applicable to land uses, changes include increased
application procedures, and use of graphics,simplified lan-
Notary Public for the State of Montana Residing at others. guage,and a reorganization of
Bozeman, Montana • Creation, deletion, consoli- the UDC.
dation, or other modifications
to the nature and location of Additionally,the 2023 Montana
zoning districts as shown on Legislature adopted a new le-
the City's official zoning map. gal framework for land use
• Standards for how City offi- planning and land develop-
i L L-��I�h I D G i�OVVI�j cials will interpret the text of ment called the Montana Land
subdivision and zoning regu- Use Planning Act (SB382).
\�o��PttD NO)ARY PUBLIC for the lations and the boundaries of This new law applies to the
IOTARIF\L'= State of Montana zoning districts. City of Bozeman and com-
SLAL — Residing at •Which person or entity of the pletely replaces the laws that
Bozeman, IVlontana City has the authority to make governed earlier regulations.
\o_My\'�. My Commission Expires recommendations or deci- The City is legally obligated to
JUly 22, '?_024P sions on land development comply with the new law with-
applications. in a set timeframe.Therefore,
•The process for review and Bozeman must update and re-
decision making for amend- place its regulations to comply
ments to the zoning text, with the Montana Land Use
zoning map, subdivision reg- Planning Act.
ulations, site development,
interpretation of standards, Bozeman's land use plan and
the method of making appeals supporting issue plans pro-
from decisions,and other pro- vide guidance for how the City
cedures of the UDC. of Bozeman will change and
•Organization,layout,and for- grow in the future, and the
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impacts of new development. as the repeal and replacement tion 21381 in all correspon- sion, and removing require-
is a method for the City to dence. ments for public meetings.See
The Montana Land Use Plan- comply with the Montana Land proposed section 38.700.010.
ning Act emphasizes public Use Planning Act,the City will For those who require ac- • Replacement of criteria re-
involvement during the plan- also review the proposed UDC commodations for disabilities, quired for adoption or amend-
ning and policy-making stage under the criteria required by please contact Mike Gray,City ments to the UDC text or
rather than during develop- the Montana Land Use Plan- of Bozeman ADA Coordinator, zoning map.The criteria pre-
ment permitting. The Mon- ning Act.The regulations must 582-3232 (voice), 582-3203 viously used to evaluate ad-
tana Land Use Planning Act be consistent with the Boze- (TDD), ditions or changes to the zon-
includes new requirements man Community Plan 2020 ing,under 76-2-304,MCA„no
that shifts the scope of and and associated issue plans. Details: The proposed new longer apply and as the Mon-
opportunity for public par- UDC text and map are com- tana Legislature, through the
ticipation to the planning The public may comment oral- plete replacements of all Montana Land Use Planning
phase (i.e. the adoption of ly at the public hearings or in previously adopted land use Act has amended the criteria
a land use plan and asso- writing at or prior to the public regulations and the City's for evaluating the adoption or
ciated issue plans) and the hearings regarding compli- zoning map. The proposal amendment of zoning regula-
development of regulation ance of this application with includes changes to stan- tions.The Montana Land Use
phase while limiting oppor- the required criteria estab- dards and location of zoning Planning Act also removed the
tunities for public comment lished in Section 76-2-304, districts, changes to allowed protest provisions for zoning
at the site-specific devel- MCA, and Title 76, Chapter uses, and changes to devel- amendments. See proposed
opment phase. Under the 3, MCA, particularly sections opment standards and pro- division 38,770.
Montana Land Use Planning 76-3-102 and 76-3-501, MCA cesses, including the City's • The administrative ap-
Act, public participation is Analysis of compliance with zoning map. Many elements peals process is proposed
limited to only the impacts criteria of he Montana Land of the new and old regulations to change and now has two
or significantly increased Use Planning Act, Section and zoning map are not pro- steps: First, an administrative
impacts that were not pre- 21(2) and Section 27(2) will posed to change; however, to decision may be appealed
viously identified and con- also be provided. The Mon- implement policies from ad- to the planning commission.
sidered in the adoption, tana Land Use Planning Act is opted planning documents, Second, after the planning
amendment, or update of available at https://Ieg.mt.gov/ like the Bozeman Community commission has heard the ap-
the land use plan,or during bills/2023/billpdf/SB0382.pdf. Plan 2020, and the new legal peal a decision of the planning
the adoption of zoning regu- framework established by the commission may be appealed
lations and subdivision reg- Public comments should Montana Land Use Planning to the Bozeman City Commis-
ulations. identify the specific criteria Act, many proposed elements sion. See proposed section
of concern along with facts of the new UDC are proposed 38,760.030.
When and Who: in support of the comment, to change. Below, the City • Public notice procedures for
On Monday, September 18, During the notice period the provides notice of key differ- individual site development
2023, at 6:00 p.m., the Com- City will continue to review the ences in the proposed new projects and opportunity to
munity Development Board proposed replacement UDC UDC.This is not an exhaustive comment has been changed
acting in its capacity as the and may refine language in list; as such the public is en- to comply with State law;public
Zoning Commission and response to public comments, couraged to study the entire comment will be in writing,the
Planning Board (Planning and provide analysis of criteria document and zoning map to time period for public notice
Commission) will conduct a and comments, understand the full scope and and opportunity to comment
public hearing to receive nature of the new regulations. for text and map amendments
public testimony and consider The Community Development increases and continues to
a recommendation on the re- Board must provide a recom- Formatting, layout, and or- have public hearings.See pro-
peal and replacement of the mendation on the proposed ganization—These proposed posed division 38.730.
UDC. The hearing will occur UDC repeal and replacement. changes are unique to Boze- • Review of individual site de-
in the Bozeman Commission As part of its recommenda- man's UDC, velopment or subdivision no
Room at Bozeman City Hall, tion, the Board may suggest longer includes advisory body
121 N. Rouse Ave. Bozeman alternate text or zoning map Each zoning district is por- input.See proposed divisions
MT. Members of the public designations from what is ini- trayed in two sections, one 38.740 and 38.750.
may also participate remotely tially included in the public re- for lot information,and one for • Review of applications sub-
via a virtual meeting. Instruc- view draft. building information with key mitted prior to the effective
tions for joining the virtual standards identified.See new date of the proposed regu-
meeting will be included on The City Commission will proposed divisions 38.210, lations will be subject to the
the meeting agenda which is also hold a public hearing 38.220,38.230. standards in effect on the date
published on the City's web- to consider the proposed re- • The key standards in each an application is deemed suffi
site at least 48 hours prior to peal and replacement of the district are connected by hy- cient for review.
the meeting. The agenda is UDC.The City Commission perlinked references to Rules
available at may act to approve, modi- of Interpretation which provide Changes to Development
https://www.bozeman.net/ fy, or reject the proposal or additional details applicable Standards and Zoning Dis-
meetings. continue the public hearing to each standard. See for tricts —The items described
to another date. The City example proposed section below are either a result of
If needed, the public hearing Commission may revise 38.210.020, changes in State law and /or
may be continued and con- any of the proposed actions • Increased use of graphics implement City of Bozeman
sidered further on additional referred to in this notice to illustrate standards.See for adopted policies.
€' days, including October 10th during the public hearing example proposed section
and/or October 16th. Contin- process. At this time, the 38.260.110. -The City proposes to rename
ued meetings will also occur City Commission is expect- •Wording is revised to be less most residential districts to
at 6 pm at the same location ed to begin their review on technical and formal. avoid confusion with the same
and via virtual platform. October 24,2023. •The proposed new UDC has terms being used for differ-
been reorganized to place ad- ent purposes in the building
Separate notice will be provid- The complete text of the pro- ministrative processes at the code.An important change is
ed for public hearings before posed replacement UDC and end of the UDC and district consolidation of the existing
the City Commission, a draft new zoning map is and use information toward IRS, R1, R2, and R3 zoning
available through the City's the beginning. See proposed districts into a new R-A zoning
How: The proposed repeal project website, Article 7 for administrative district.This change proposes
and replacement of the UDC engage.bozeman.net/udc, processes. to consolidate allowed uses as
will be implemented by adop- well as the name and location
tion of an ordinance by the The City invites the public to Changes to Processes — of the district. R4 is proposed
City Commission after receiv- comment in writing and to These process changes listed to be renamed to R-B and
ing a recommendation from attend the public hearings. below are a result of changes R5 is proposed to become
the Community Development Written comments are encour- in State law. R-C. See proposed sections
Board, considering public aged and may be directed to 38,200.020 (lot and building
comments, and considering City of Bozeman, Department • An administrative decision standards) and 38.300.020
the criteria for adopting reg- of Community Development, maker is assigned to all site (uses within each zoning dis-
ulations under Montana law PO Box 1230, Bozeman, development review and de- tract.)for the new standards.
including laws controlling the MT 59771-1230 or emailed cision making, including vari- • Group living is a defined
adoption of zoning and subdi- to agenda@bozeman.net. ances and preliminary plats, use (38.800.080) to facilitate
vision regulations. In addition, Please reference Applica- instead of the City Commis- shared living opportunities
AD#422809
and is proposed to be allowed design and a general overall out the city of the proposed
in all residential districts, in- structure and maximum height RB renamed from R4) and
cluding RA. Greek organiza- limits. Wall plate heights are RC renamed from R-5) dis-
tions (commonly called fra- proposed to be established tricts.
ternities or sororities) will be which will limit building max •Apply the Public Land and In-
authorized in zoning districts imum size in some dis- stitutions (PLI) zoning district
that allow group living. The tricts. See proposed section to all parks and schools which
City proposes to repeal the 38.260.100. were previously shown as oth-
prohibition of fraternities and •Short-and long-term bicycle er zoning districts.
sororities in the existing R1 parking standards are pro- • The B-2M zoning district is
and R2 zoning districts and posed to be established that proposed to replace most ar-
authorize those within group replace the existing require- eas of the existing B2 along
living as a permitted use in the ments that previously linked the Main Street corridor, at
new R-A zoning district. bicycle parking amounts to the Kagy and South 19th,the cor-
•The names and definitions of number of motor vehicle park- ner of Baxter and Davis,along
most residential uses are pro- ing spaces. See proposed College Street, and at other
posed to change to match with section 38.530.070. select locations.
definitions used in State • Revised the building height
law. See proposed sections transitions between zoning 6WAXLP
38.300.020 and proposed ar- districts. The proposal would
ticle 8. require a greater number
• Deleted the R-O and UMU of circumstances for when
zoning districts. These dis- a building height transition
tricts are proposed to be re- would be required to provide a
placed on the zoning map by less abrupt difference in build-
an alternative district judged ing heights between adjacent
to be a best fit considering ex zoning districts.See proposed
isting uses on site, adjacent, section 38.260.070.
and the future land use map of • The proposal includes re-
the Bozeman Community Plan placing the information re-
2020 and vary by location and quired with a transportation
proposed zoning district. See impact study, modifying
proposed section 38.200.020 functional standards for how
and the proposed zoning streets are allowed to carry
map. traffic, and revising mitigation
• The number and type of criteria and methods for when
zoning districts, along with al- development must off-set the
lowed land uses are proposed impacts on streets from addi-
to be changed.See proposed tional development. See pro-
divisions 38.200 and 38.300. posed sections 38.400.060
• Propose to repeal a require- and 38.710.050.
ment that residential lots have •The proposal includes merg-
a minimum size per home. ing most development stan-
See proposed division 38.210, dards previously presented as
• The minimum residential Block Frontage in the exist-
density in residential districts ing Article 5 into the individ-
is proposed to increase, in- ual zoning district standards
cluding providing exceptions to and the associated rules of
allowable density for existing interpretation found in the pro-
lots. Minimum residential lot posed Article 2 and Division
size is proposed to be deleted. 38.520.
The proposed manner of con-
trolling building volume and Changes to the zoning map
residential density is proposed —The City's zoning map im-
to rely on a combination of oth- plements the Bozeman Com-
er applicable lot, building, and munity Plan 2020's future land
development standards. See use map and shows the loca-
proposed division 38,210 and tions throughout the city where
section 38.260.030 the standards described in the
•Required parking for all uses proposed UDC will apply.
except housing is proposed
to change — The proposed •The R-O district is proposed
requirements are simplified, to be repealed from the zoning
mixed uses are proposed to text. This requires replace-
be given more flexibility, and ment of the R-O zoning dis-
the required quantity of park- trict on the zoning map with
ing generally is proposed to alternate districts. Due to the
decrease. Some areas may many different locations in the
no longer require minimum city, and the uses included in
parking, several alternatives the existing R-O, and future
to providing vehicle parking planned uses where R-O is
have been removed,including currently located, the replace-
the parking authorizations re- ment zoning districts vary by
lated to Special Improvement location.
District 565. Parking catego- •Creation of the B-3C zoning
ries are proposed to be con- district to reflect the unique
sistent with the names of land characteristics and historic
uses. Standards for physical nature of the area generally
configuration of parking have located between the alleyway
few changes. See proposed north of Main Street and north
sections 38.300.020 and of Babcock Street and be-
38.530.040. tween Grand Avenue and
• Set a new method to define Rouse Avenue.
allowable building heights. •Show the locations through-
The proposal includes chang- out the city of the proposed
I ing allowable building heights RA district (consolidation of
from a fixed height in feet to a the previous RS, R1, R2, and
set number of stories in all dis- R3 districts) on the zoning
tricts.This provides both site map.
specific flexibility in building • Show the locations through-