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HomeMy WebLinkAboutOrdinance 07- 1681 Urban Mixed Use Zoning District ORDINANCE NO. 1681 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A NEW CHAPTER 18.19 WITHIN TITLE 18 UNIFIED DEVELOPMENT ORDINANCE. WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486, adopting the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6, MCA; and WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance with a growth policy, and WHEREAS, an application to amend Title 18, Unified Development Ordinance was received by the Department of Planning and Community Development on March 10, 2006, and WHEREAS, a public meeting was held on May 10, 2006 to generally discuss the concept of mixed-uses within Bozeman; and WHEREAS, the application was the subject of public notice and in recognition of the function of zoning to implement a growth policy joint public hearings before the Zoning Commission as required by Section 76-2-307 MCA, and the Planning Board were held on May 16, 2006 and June 6, 2006; and WHEREAS, the Zoning Commission and Planning Board identified issues of concern and recommended to the City Commission that any approval wait until after the updating of the growth policy, and WHEREAS, the City Commission opened the advertised public hearing on June 5, 2006 and continued their public hearing to July 17, 2006 to give the Planning Board and Zoning PAGE 1 OF 14 Commission time to complete their public hearing; and WHEREAS, the City Commission received the recommendation of the Zoning Commission and Planning Board at their continued public hearing on July 17, 2006; and WHEREAS, the City Commission found that with revisions and further development the idea of a mixed~use district was an improvement in the regulatory mechanisms of the City; and WHEREAS, the City Commission directed that a revised draft be developed for further consideration; and WHEREAS, the revised draft was crafted and made available for public comment and additional revisions were crafted based upon received comment; and WHEREAS, the City Commission considered the revised draft at their meeting of September 11,2006; and WHEREAS, the City Commission recognized that some standards of the proposed zoning district were still under consideration but requested that an implementing ordinance be brought back for their consideration so they could consider a final set of standards; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section] That Section 18.14.010, Bozeman Municipal Code be amended to read as follows: 18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED A. The City is divided into zones, or districts, as shown on the official zoning map(s) which, together with all explanatory matter thereon, are adopted by this reference and declared to be a part of this title. PAGE 2 OF 14 B. For the purpose of this title, the City is divided and classified into the following use districts: R-S Residential Suburban District R-l Residential Single-household, Low Density District R-2 Residential Two-household, Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-O Residential Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-3 Central Business District M-l Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District NEHMU Northeast Historic Mixed Use District HMU Historic Mixed Use District PLI Public Lands and Institutions District NC Neighborhood Conservation Overlay District EO Entryway Overlay District CO Casino Overlay District UMU Urban Mixed Use District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the City that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any gi ven use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this title. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the City to bear the cost of extending services. D. Individual zoning districts are adopted for the purposes described in * 18.02.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this title, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. PAGE 3 OF 14 Section 2 That Title 18, Unified Development Ordinance, ofthe Bozeman Municipal Code be amended to include a new Chapter 19, and that the new Chapter shall read as follows: CHAPTER 18.19 URBAN MIXED-USE ZONING DISTRICT 18.19.010 INTENT AND PURPOSE OF URBAN MIXED~USE ZONING DISTRICT. The intent and purposes of the Urban Mixed-Use ("UMU") district is to establish areas within Bozeman that arc mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment. retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and to adioining zoning districts when the standards of Title 18 are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. A. It is the further the intent of this district to: 1. Allow a mixture of complimentary land uses which encourages mixed-uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars. hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips: 2. Foster the development of vertically oriented mixed-uses, in contrast to single use development distributed along high vehicle capacity roadways: 3. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; 4. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; 5. Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace: 6. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel. and on-street parking; PAGE 4 OF 14 7. Provide roadway and pedestrian connections to residential areas; 8. Provide transitions between high-traffic streets and adjacent residential neighborhoods; 9. Encourage efficient land use by facilitating compact, high-density, multi-story development and minimizing the amount of land that is needed for surface parking; 10. Facilitate development (land use mix, density and design) that supports public transit, where applicable; II. Provide appropriate locations and design standards for automobile and truck~ dependent uses; 12. Maintain mobility along traffic corridors while supporting the creation of "places" or centers which will create lasting and enduring, long-term value to the community; 13. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; 14. Minimize parking lots through sharcd uses of mixed~uses: 15. Create central urban gathering places such as community squares or plazas; and 16. Facilitate designs of each mixed-use to help ensure long-term financial viability of each mixed-use; 17. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and 18. To encourage and support the use of sustainable building practices. B. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of maior traffic corridors, that is at the intersections of two arterials, or less frequently, an arterial and a collector street. The maior intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all maior intersections should have the UMU district adiacent to them. Additionally, placement of this district should be adiacent or near to dense residential development to enhance walking and bicycle use. 18.19.020 AUTHORIZED USES. A. Uses in the Urban Mixed-Use district are depicted in the table below. Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are indicated with an "A," and uses which are not permitted within the district are indicated by a "-." A particular proposed development or use may fall under more than one listed category with different review processes. In such cases, the more stringent review process shall apply. B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, BMC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed PAGE 5 OF 14 through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Additional uses for telecommunications are established in Chapter 18.54, BMC. D. Mixed Uses Required And Limited. 1. Development shall include a mix of uses. 2. Uses shall be grouped as commercial, industrial, offices, institutional. and residential. A combination of at least two different groups of uses shall be provided within each site plan. 3. No use group shall exceed 70% of the total gross building floor area in the entire site development, multiple buildings may be shown on a single site phm as allowed in Chapter 18.34. 4. The ground level gross building area shall be at least 75% non-residential in use. 5. Residential uses shall be provided in all mixed-use developments, and shall OCCUpy not less than 20% of the total gross building floor area of the district. 6. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use shall be utilized. TABLE 19a1 TABLE OF COMMERCIAL USES AUTHORIZED USES Ambulance Service P Apartments and Apartment Buildings (as defined in this Title) P Arts and Entertainment Center (as defined in this Title) P Assisted LivinglElderlv Care Facilities P Automobile Fuel Sales or Repair (as defined in this Title) C Automobile Parking Lot or Garage (public or private) P Automobile Washing Establishment C Banks and Other Financial Institutions P Business, Technical or Vocational School P Bus Terminals C Community Centers P Convenience Uses C PAGE 6 OF 14 TABLE OF COMMERCIAL USES AUTHORIZED USES Convenience Use Restaurant P Essential Services (Type II) C Extended-Stay Lodgings P Health and Exercise Establishments P Hospitals P Hotel or Motel P Laboratories, Research and Diagnostic P Laundry, Dry Cleaning P Light Goods Repair (as defined in this Title) P Lodging Houses P Manufacturing (light and completely indoors) P Mortuary C Museum P Medical and Dental Clinics P Meeting Hall P Offices (as defined in this Title) P Other Buildings & Structures (typically accessory to permitted uses) A Parking Facilities P Personal and Convenience Services (as defined in this Title) P Pet Grooming Shop P Printing Offices and Publishing Establishments C Private Club, Fraternity, Sorority or Lodge P Public Buildings P Refuse and Recycling Containers A Research Laboratories P Restaurants P Retail Uses (as defined in this Title) p* Retail (large scale) C PAGE 7 OF 14 TABLE OF COMMERCIAL USES AUTHORIZED USES Sales of Alcohol for On-Premise Consumption - No Gaming Allowed C Sign Paint Shops (not including neon sign fabrication) C Upholstery Shops (excluding onsite upholstery service for cars, boats, P trailers, trucks and other motorized vehicles requiring overnight storage) - Veterinary Clinic P Wholesale Distributors With On-Premise Retail Outlets (providing E warehousing is limited to commodities which are sold on the premises) Wholesale Establishments (ones that use samples, but do not stock on E premises) Any Use, Except Adult Businesses and Casinos Approved as Part of a Planned Unit Development Subiect to the Provisions of Chapter 18.36, C BMC Notes: *Excluding adult business, and large scale retail, as they are - defined in Chapter 18.80, BMC - 18.19.030 LOT COVERAGE AND FLOOR AREA. A. In the UMU district. the entire lot. exclusive of the required yards and parking, may be occupied by the principal and accessory buildings. This title provides opportunities for parking requirements to be met by shared and off-site parking, as allowed by Chapter 18.46, BMC. B. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet. C. Minimum floor area requirements for each dwelling in all districts shall be that area required by the City's adopted International Building Code. D. All development shall provide a minimum floor area ratio of not less than 0.75. "Floor area ratio" is the ratio attained by dividing the gross square feet of building by gross land area of the lot( s) being developed. A site plan for development may show future phases of buildings to be used to demonstrate compliance with the minimum floor area ratio standard. 18.19.040 LOT AREA AND WIDTH. A. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the UMU district there is no minimum size for newly created lots. PMiE 8 OF 14 B. There is no minimum width for newly created lots within the UMU district. 18.19.050 YARDS. A. Minimum Yards. No minimum yards are required for the mixed-use district. Easements for utilities or other special standards may require buildings to be placed back from lot lines. B. Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the total building frontage, which is oriented to the street. shall be placed within 10 feet of any minimum required separation from the property line. C. Special Yard Requirements. All yards shall be subject to the provisions of * 18.30.060 Design Criteria and Development Standards in Entrvwav Corridors. * 18.38.060 Yard and Height Encroachments. Limitations and Exceptions, ~ 18.42.1 00 Watercourse Setback. ~ 18.44.100 Street Vision Triangle, and ~ 18.48.100 General Maintenance. BMC, when applicable. 18.19.060 BUILDING HEIGHT. A. Minimum building height is three stories and 32 feet. To comply with this standard the space being claimed as a story must be capable of being occupied for human use and have a floor area of not less than 50% of the ground level stOry. B. Maximum building height, except as allowed under ~18.19.060.C. BMC for the UMU district shaH be 55 feet. C. Maximum building height may be increased bv up to but not more than an additional 25 feet when structured parking is provided per ~18.19.070.E.2, BMC and when determined to be in compliance with the review criteria of ~ 18.34.090, BMC. 18.19.070 SPECIAL STANDARDS. A. A UMU district is anticipated to generally be not less than 20 acres in area. The City Commission may approve a lesser area of not less than 10 acres upon finding; that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable communi tv setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district shall be surrounded bv perimeter streets unless precluded bv topography. C. All development within the Urban Mixed-Use district, reg:ardless oflocation within the City, shaH conform to Chapters 1 through 4 of the Design Objectives Plan established in Chapter 18.30. In the event of a conflict between the Design Objectives Plan and the standards ofthis chapter the standards of this chapter shall govern. D. Landscaping requirements shall be the same as the portion of the B-3 district outside the pA(iE 9 (W 14 defined core area as shown in * 18.48.060, Table 48-1, BMC. E. Special Parking Standards. 1. Maximum Surface Parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development shall not exceed 100% of the minimum parking requirement for the subiect land use(s) based upon the requirements of Chapter 18.46, BMC. The UMU district may utilize the parking reductions authorized in * 18.46.040.B.3.a, BMC. In determining the 100% requirement all qualifying reductions shall be included. b. Exemptions to * 18.19.070.D.1.a, BMC to allow unstructured surface parking up to 100% of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managcd parking facilities. 2. Structured Parking Incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per ~ 18.19.060, BMC. 3. Bicycle Parking. Covered bicycle parking shall be provided. The covered spaces shall be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor vehicle parking provided on-site. E. Building Standards. 1. Transitions. Where the UMU district is adjacent to another zoning district, those buildings greater than three stories and located within 50 feet of another zoning district, not including width of streets, shall have a stepped facade on the side facing the other district. The portion of the facade in excess of three stories shall be stepped back not less than 25% of the height of the initial three stories. Where applicable. cornices (e.g.. building tops. or first-story cornices) shall be aligned to generally match the heightCs) of those on adiacent buildings. 2. Floor-to-Floor Heights and Floor Area of Ground-floor Space. a. All commercial floor space provided on the ground floor of a mixed-use building shall have a minimum floor-to-ceiling height of 12 feet. PAGE 10 OF 14 b. All commercial floor space provided on the ground floor of a mixed-use building shall contain the following minimum floor area: (I ) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with 50 feet of street frontage or more. 3. In the UMU district buildings shall provide transparency along at least 50% percent of the linear length of the building's facade. This may be achieved with windows, displays. building lobbies. building entrances. display windows. or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both frontages of a building located on a corner lot. a. The bottom edge of any window or product display window used to satisfy the transparency standard of this paragraph may not be more than 4 feet above the adjacent sidewalk. b. Product display windows used to satisfy these requirements shall have a minimum height of four feet and be internally lighted. 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances. vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adiacent to streets shall have architectural detailing such as. but not limited to. standard size masonrvunits such as brick, divided openings to give the appearance of windows. and other techniques to provide an interesting and human scaled appearance on the stOry adiacent to the sidewalk. Parking areas may not be used to meet the frontage requirement of Section 18.19.050.B. BMC. 5. Buildings shall be articulated with modules. architectural detailing, individual floors visually expressed in the facade, and rhythm and pattern of openings and surfaces to be human scale. F. Lighting. All building entrances. pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting (e.g.. wall mounted. sidewalk lamps. bollards.landscaping lighting. et cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this title. may be approved through site development review. G. Natural Surveillance. The proposed site layout, building, and landscape design promote natural surveillance of the area by employees. visitors. and residents. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement. the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote PAGF. II OF 14 natural surveillance. Sight-obscuring shrubs and walls should be avoided. except as necessary for buffering between commercial uses and lower density residential districts. and then shall be minimized. H. Public Spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscaping. landscaping with planters, furniture. developed recreation facilities such as basketball and tennis courts or indoor recreation facilities. and be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall bc designed to facilitate at least three distinct types of activities to encourage consistent human presence and activity. The requirements of this section shall give direction in the development of park plans and the application of the standards of Chapter 18.50, BMC. 1. Public spaces shall be designed to: a. Facilitate social interaction between and within groups; b. Provide safe. pleasant. clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups. d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Section 3 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is PAGE 12 m' 14 held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 5 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinance. Section 6 Effective Date. This ordinance shall be in full force and effect sixty (60) days after passage on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 21 st day of May 2007. PAGE 13 OF 14 PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 4th day of June 2007. ~ttf&~ Auis, M yor A TIEST: APPROVED AS TO FORM: ~ --r:-p~A. TIM COOPER, Assistant City Attorney -.-~~ ~. / _. -"" ,.' --- , .. -- -.:-:' - / - . -'- - - - -" -. -- ~ - -;;. :~~::: ~:. .- :;:_".:...: -- /' '. - .~:~r ~'~'-~:,~~~ _~"..~ PAGE 14 OF 14