HomeMy WebLinkAboutOrdinance No. 1761, Amendments to Title 18, Unified Development Ordinance
Report compiled on May 20, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Ordinance 1761, first reading adopting UDO text amendments, Z-08041
MEETING DATE: Monday, May 26, 2009
RECOMMENDATION: Approve amendments to Title 18, Unified Development Ordinance as
recommended with edits by the City Commission as deemed appropriate.
BACKGROUND: The City Commission conducted a public hearing on this item on May
18th. One public comment was received at the meeting and one written comment was received
just prior to the meeting. Due to the number of edits and discussion on the edits the item was
continued to May 26th. The packets for the May 18th public hearing contain the draft text,
recommendations from advisory boards, received public comments, and staff memo
summarizing outstanding issues.
UNRESOLVED ISSUES:
There were several points of discussion during the May 18th meeting. Some of the motions to
resolve those discussions tied with a 2-2 vote. It will be necessary to resolve those tie votes in
order to continue with the review and final decision on this item. The motions made are shown
below. Each item notes whether or not it was a tie vote.
The motions were:
· Main Motion It was moved by Cr. Becker, seconded by Cr. Krauss to provisionally
adopt Ordinance No. 1761, Amendments to Title 18, Unified Development Ordinance
No. Z-08041. No final vote was taken, the amendments below are to amend the main
motion.
· Amendment #1 It was moved by Cr. Becker, seconded by Cr. Krauss to revise Section
18.16.040 to add the word “minimum” to last sentence on page 16-4 A.:” Each lot must
have a usable lot area of at least 50% of the total “minimum” lot area.” The amendment
passed 4-0.
· Amendment #2 It was moved by Cr. Becker, seconded by Cr. Krauss to allow the entire
Section 18.42.180, RSU/RSLs to sunset and to direct staff to return to the Commission
with the necessary UDO amendments to accommodate the 6 units per acre issue and the
net buildable acre issue. (Mr. Saunders clarified that 18.42.180 would be removed in its
entirety, but b. the subcomponent net density for 6 units per acre, would move
somewhere else. Becker and Krauss agreed. A friendly amendment was also added to
include dropping the related underlined sentence in Section 18.16.030.c. on page. 16-4
(The building size the correlates with the lots). The Amendment passed 4-0.
· Amendment #3 It was moved by Cr. Becker, seconded by Cr. Krauss to direct staff to
present revisions to the UDO component to address lot size variability and density and
plat transition issues which had been in the RSL section. The Amendment passed 4-0.
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Report compiled on May 20, 2009
Commission Memorandum
· Amendment #4 It was moved by Cr. Becker, seconded by Cr. Pro-Tem Jacobson to
maintain the net density of 6 units per acre. The motion tied with Mayor Pro-Tem
Krauss and Cr. Bryson opposed.
· Amendment #5 It was moved by Cr. Bryson, seconded by Cr. Pro-Tem Jacobson that
regarding Section 18.52.140, to strike the amended text provision, paragraph A, that
allows for off premise signs in transit shelters and establishing standards. The motion
tied with Cr. Becker and Mayor Pro-Tem Krauss opposed.
· Amendment #6 It was moved by Cr. Bryson, seconded by Cr. Krauss regarding Section
18.46.040.c. to remove the option that provides for installation of shower facilities and
lockers. The motion tied with Cr. Becker and Mayor Jacobson opposed.
FISCAL EFFECTS: No immediate or direct fiscal effects are expected from most edits.
Revisions to the requirement to include maps in published notices will reduce costs for
advertising. Those costs are primarily covered with application fees.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to call or email Chris Saunders at csaunders@bozeman.net, 582-
2260, if you have questions prior to the meeting.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: none
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