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HomeMy WebLinkAboutOrdinance 03- 1586 Amends Municipal Code, remove density limits, amend height limits .......... ORDINANCE NO. 1586 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED - BY REVISING SECTIONS 18.20.030, 18.24.030, 18.26.040, 18.30.060, AND 18.38.060; NUMERICAL DWELLING UNIT DENSITY LIMITS IN RESIDENTIAL MEDIUM DENSITY, RESIDENTIAL HIGH DENSITY AND RESIDENTIAL OFFICE DISTRICTS, AND HEIGHT LIMITS IN COMMUNITY BUSINESS, AND BUSINESS PARK DISTRICTS. WHEREAS, Title 76, Chapter 2, part 3, MCA, empowers the City to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and WHEREAS, on the 22nd day of October 2001, the City Commission did adopt the Bozeman 2020 Community Plan, a growth policy meeting the requirements of 76-1-601 MCA, for the purpose of promoting the health, safety or general welfare of the city; and WHEREAS, on the 10th day of June 2002, the City Commission did adopt Ordinance No. 1565, establishing a new permanent zone code and zoning map; and WHEREAS, the City Commission has determined that additional amendments to that zone code are needed; and WHEREAS, the City Commission directed staff to prepare additional amendments for public consideration; and WHEREAS, the proposed amendments have been the subject of a public hearing before the Zoning Commission on the 17th day of September 2002 and a public hearing before the City Commission on the 30th day of September 2002. WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone code amendments, as recommended by the Zoning Commission, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on September 30,2002, the City Commission found that the proposed zone code amendments would be in compliance with the Bozeman 2020 Community Plan and would be in the public interest; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Section 18.20.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.20.030 Lot area and width. A. In the R-3 district, minimum lot area for two to four-household units shall be three thousand square feet per dwelling unit with a minimum lot width of sixty feet. B. For townhouse clusters the minimum average lot area per unit in an individual structure shall be three thousand square feet. The minimum lot width shall be that of the width of the interior units. C. Minimum lot area for other uses, including one-household dwelling units, shall be five thousand square feet with a minimum lot width of fifty feet. D. M8ximum density of dwellings shC!lIl not exceed 12 dwellings per I let C!lcre." Section 2 That Section 18.24.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.24.030 Lot area and width. A. Lot area for two-household to four-household dwellings shall not be less than five thousand square feet, plus one thousand six hundred square feet for each additional unit over one, with a minimum lot width of fifty feet. S. Lot area for apartment buildings shall not be less than five thousand square feet, plus six hundred square feet for each additional dwelling unit over one. Minimum lot width shall be fifty feet. C. MC!lximum density of dwellings sl-lall not exceed 1 S dwellings per I let C!lcre." Section 3 That Section 18.26.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: - 2 - -..- "18.26.040 lot coverage and floor area. A In the R-Q district, lot coverage by principal and accessory buildings shall not be more than forty percent for residential uses nor more than sixty percent for any other uses. B. The average floor area of all dwelling units in a structure shall be a minimum of four hundred and fifty square feet. C. Ml!Ixinlum density of dwellings sh~1I not exceed 15 dvvellings per net acre." Section 4 That Section 18.30.060 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.30.060 Building height. Maximum building height in the B-2 district shall be not exceed the heights provided for herein, except when allowed by a properly approved deviation or variance: A Roof pitch 3:12 or greater - forty-four feet; B. Roof pitch less than 3:12 - thirty-eight feet:-; C. Maximum height otherwise allowed by this section may be increased by 50% when the B-2 zoning district is implementing a Regional Commercial and Services growth policy land use designation. D. Maximum height otherwise cumulatively allowed by this section may be increased by 25% through the approval of a conditional use permit only when the additional height is a specifically identified purpose of the review." Section 5 That Section 18.38.060 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.38.060 Building height. Maximum building height in the BP district shall be as follovvs. not exceed the heights provided for herein, except when allowed by a properly approved deviation or variance: A Roof pitch 3:12 or greater - thirt~eight forty feet; - 3 - --..-".--------- B. Roof pitch less than 3: 12 - thirty~~vo thirty-five feet; C. Maximum height otherwise allowed by this section may be increased by 50% when the BP zoning district is implementing a Regional Commercial and Services growth policy land use designation. D. Maximum height otherwise cumulatively allowed by this section may be increased by 25% through the approval of a conditional use permit only when the additional height is a specifically identified purpose of the review." Section 6 That Section 18.54.100.E of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.54.100.E. Design Objectives and Criteria Evaluation Forms. 1. The City will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this subsection. 2. The fOllowing forms will be used in evaluating all planned unit development applications: 1 I ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "All Development" group. Reauired Criteria: Yes No N/A Neighborhood Compatibility 1. Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building bulk and height, neighborhood identity, landscaping, historical character, orientation of buildinQs on the site and visual integration? Public Facilities, Services and Transportation 2. Does the development comply with all city design standards, requirements and specifications for the following services: Water supply Trails/walks/bike ways Sanitary supply Irrigation companies Fire protection Electricity Flood hazard areas Natural gas Telephone Storm drainage Cable television Streets - 4 - ~"..,,-"'--- .-.-- __._".__".u....._ -....-....--.." ,,- - Natural Resources 3. Does the project preserve or replace existing natural veaetation? 4. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas beina preserved? 5. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, is the project in conformance with the city's Historic Preservation Ordinance? Environmental Standards 6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted. Site Design 7. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neiahborhood? 8. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and cohesive planned unit development? 9. Is the design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography; natural water bodies and water courses; existina veaetation; and 10. Does the design and arrangement of elements of the site plan (e.g. building construction, orientation, and placement: transportation networks, selection and placement of landscape materials; and/or use of renewable energy sources. etc.) contribute to the overall reduction of eneraY use by the proiect? 11. Are the elements of the site plan (e.g. buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the proiect? 12. Open space a. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration; and b. for non-residential projects is at least thirty percent of the project, inclusive of yard setbacks and exclusive of required parking lot interior landscaping developed as open space; or c. for residential projects is at least thirty percent of the project developed as open space through one or a combination of the following means: i. is at least thirty percent of the project exclusive of yard setbacks and parking lot interior landscaping developed as open space for the use of residents and their guests; or ii. is at least twenty-five percent of the project exclusive of yard setbacks and parking lot interior landscaping developed as usable - 5 - .-....- ------ recreation space with a corresponding public use easement, or iii. is an area equal to twenty-five percent of the project exclusive of yard setbacks and parking lot interior landscaping proposed to be added to an existing off-site park adequate in location and size to meet the recreational needs of the resident. 13. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 14. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? 15. Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? 16. Does the pedestrian circulation system incorporate design features to enhance convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 17. Does the pedestrian and bicycle trail system adequately connect to the systems in adiacent developments? 18. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? 19. Does the landscaping plan enhance the buildina(s)? 20. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to that area? 2 RESIDENTIAL Application: Planned unit developments in residential areas (R-S, R-1, R-2, R-2-A, R-3, R-3-A, R-4, and R- o zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means professional offices and other permitted use listed in the B-1 neighborhood service district (Chapter 18.28), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential nei hborhood. Required Criteria: Yes No N/A Each of the following applicable criteria must be answered "yes" and im lemented within the develo ment Ian. 1. On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only), consistent with the development densities set forth in the land use uidelines of the Bozeman rowth olic? - 6- ------ 2. Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? 3. Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? 4. If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? 5. Is the project within two thousand feet of an existing or approved neighborhood service center, public school, day care center, major employment center, or public neighborhood or community park? 6. Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? 7. If the project is proposing a residential density bonus (thirty percent maximum) above that which is set forth belovv allowed by the applicable residential zoning district, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? ALLOWADLE RESIDENTIAL NET DENSITIES, WITIIOUT DONUSES ZOI.e Net Density. as defined in Gection 18.04.510 R-G One d~elling unit per acre R-1 rour units per acre R-2 Gix units per acre R-2-A Geven units per acre R 3-A Ten units per acre R-3 Tvvelve units per acre .... A'.... '" ~.,. :~. "."', ,,-...... I "'''''''' ....' "." 1-''''' (;n.... '" 8. If limited commercial development as defined above is proposed within the project, is less than twenty percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? 9. If neighborhood service activities are proposed within the project, is a market analysis provided demonstrating that less than fifty percent of the market required to support proposed neighborhood service activities is located outside the immediate area of the PUD and are the neighborhood services of a nature that does not require drive-in facilities or iustification for throuqh traffic? 10. If the project contains limited commercial development as defined above, is the project located at the intersection of arterial streets, or arterial and collector streets? - 7 - ...-.".-..".-..-.------- 11. If the project contains limited commercial development as defined above, has the project been sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood and have the commercial activities been developed at a scale com atible with residential develo ment? 12. Does the overall PUO recognize and, to the maximum extent possible, preserve and promote the unique character of nei hborhoods in the surroundin area? 3 I COMMERCIAL PUD Application: Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may include either commercial or multi-household development, however, adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments desianed to serve consumer demands of the city and Bozeman area. Required Criteria: Yes No N/A Each of the fOllowing applicable criteria must be answered "yes" and implemented within the develooment olan. 1. If the project contains any use intended to provide adult amusement or entertainment, does it meet the following requirements: Is the use established, operated or maintained no less than five hundred feet from a residential neighborhood, church and/or a school meeting all the requirements of the compulsory education laws of the state of Montana? Is the use established, operated or maintained less than five hundred feet from another similar use? 2. Is the project contiguous to an arterial street, and has adequate but controlled access been orovided? 3. Is the oroiect on at least two acres of land? 4. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUO, pedestrian and vehicular circulation, architectural design, utilization of common ooen soace and facilities, etc.? 5. Is it compatible with and does it reflect the unique character of the surroundina area? 6. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten soaces? 7. Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman arowth policy? 8. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in, working in, or visiting the development? - 8 - ."_0_____ . .-......-...- -.. 4 INDUSTRIAL PUD Application: Planned unit industrial developments in industrial areas (M-1 and M-2 zoning districts) may include employment, wholesaling, manufacturing and utility centers for the community; the particular types of uses will be determined based upon its potential impact upon adjacent land uses and the intensit of develo ment. Required Criteria: Yes No N/A Each of the following applicable criteria must be answered "Yes" and im lemented within the develo ment Ian. 1. Is the project located adjacent to an arterial or collector street that rovides ade uate access to the site? 2. Is the project developed such that the least intense uses shall be located along the arterial streets, where visibility to the public is likely; more intense uses such as heavy industrial uses and warehousing activities will be located away from the arterial streets, buffered b the other uses? 3. Does the project utilize a landscaping theme that will tie ad'acent uses or ro"ects to ether? 4. Is the project being developed on land substantially surrounded by developed property with existing services and utilities already available? 5. Does the project provide for outdoor recreational areas (e.g., additional landscaped areas, open space, trails, picnic areas) for the use and en"o ment of those workin in or visitin the develo ment? Section 7 ReDealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 8 Severabilitv If any provisions of this ordinance or the application thereof to any person or circumstances is 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. - 9 - Section 9 Savings Provision This ordinance does not affect the rights of duties that matured, penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. Section 10 Effective Date This ordinance shall be in full force and effect thirty days after passage. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 3rd day of February, 2003. ATTEST: ~-~~- S~E R. KIRCH FF, Mayor (J~/~ ROBIN L. SULLIVAN Clerk of the Commission 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 18th day of February 2003. .... ATTEST: A-1~ S~EN R. KIRC OFF, Mayor ~J~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~~ City Attorney - 10-