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HomeMy WebLinkAboutFinally Adopt Ordinance No. 1802, Adding Residential Emphasis Mixed Use..pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Associate Planner Tim McHarg, Planning Director Chris Kukulski, City Manager SUBJECT: #Z-09241, Residential Emphasis Mixed Use Zoning District and Associated Zone Text Amendments to Title 18, Unified Development Ordinance, BMC 2nd Reading of Ord. 1802 MEETING DATE: April, 11, 2011 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve 2nd reading of Ordinance 1802. BACKGROUND: RTR Holdings II, Randy Hecht, and Bob Emery represented by GGLO Seattle, WA and Intrinsik Architecture Bozeman, MT have requested that the City create a new zoning district to be called the Residential Emphasis Mixed Use (REMU) district. The proposal includes suggested language for intent, uses, setbacks, lot coverage and area, and special development standards. The new district would add a new chapter, 18.17 REMU to the Bozeman Municipal Code. This proposal is for new code language only; any proposal to implement the REMU district would first require a zone map amendment for a specific property. The application also proposes to amend Chapter 18.36 Planned Unit Development Standards, Chapter 18.40 Standards for Specific Uses, Chapter 18.46 Parking, Chapter 18.50 Park and Recreation Requirements, Chapter 18.52 Signs, Chapter 18.54 Telecommunications, Chapter 18.80 Definitions to accommodate the uses, standards, and definitions provided in the proposed REMU Zoning District. Following an extensive review process the City Commission held a final public hearing on the application on February 14, 2011. Following a public hearing and consideration of public comment the Commission voted 5-0 to approve the Zone Code Text amendments associated with this application, adopted findings, and directed staff to return an ordinance for first reading. The Commission unanimously approved first reading of the ordinance on March 28, 2011. The final attached ordinance shows all of the edits as either underlined [additions] or struck through [deletions] in the text. The highlights in yellow are changes since first reading based upon final review of the City Attorney’s office. Minor ministerial changes were made for consistency in the chapter and minor errata were corrected. Some floor area and other special standard repetitive language in the nonresidential and mixed use special standards were consolidated into a general standards section that would apply to the entire zone. The City 53 Attorney’s office has reviewed the final draft and determined that the changes were not substantive and makes the chapter better for the reader and administrator. UNRESOLVED ISSUES: None identified. ALTERNATIVES: 1) Approve the ordinance as written. 2) Amend the text of the ordinance and then approve it. 3) Do not approve the ordinance at all. FISCAL EFFECTS: No immediate fiscal affects are anticipated from these changes. Attachments: Final Ordinance 1802 Report compiled on: March 31, 2011 54 Page 1 of 31 ORDINANCE NO. 1802 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING ESTABLISHING A NEW CHAPTER TO BE NUMBERED CHAPTER 18.17 KNOW AS CREATING THE RESIDENTIAL EMPHASIS MIXED USE DISTRICT (REMU), A NEW ZONING DISTRICT WITH DEFINED INTENT, USES, SETBACKS, LOT COVERAGE, BUILDING HEIGHT, AND SPECIAL DEVELOPMENT STANDARDS; AND TO AMEND BY REVISING SECTION 18.36.090 TO ADD PUD PERFORMANCE POINT OPTIONS; SECTION 18.36.090 TO ADD AND CRITERIA FOR MIXED USE PLANNED UNIT DEVELOPMENTS; TO BY REVISING SECTION 18.40.030.B TO BY ADDING STANDARDS FOR ACCESSORY DWELLING UNITS IN REMU; TO BY ADDING SECTION 18.40.105 STANDARDS FOR GROUP LIVING; TO BY REVISING SECTION 18.46.040.A TABLE 46-2 TO ADD A PARKING STANDARD FOR GROUP LIVING; TO BY REVISING SECTION 18.46.040.B TO ALLOW PARKING REDUCTIONS FOR REMU NON RESIDENTIAL USES THE SAME AS COMMERCIAL NODES; TO BY REVISING SECTION 18.50.020 TO ADD PARK AREA REQUIREMENTS AND LIMITS FOR GROUP LIVING; TO BY REVISING SECTION 18.52.050 TO SPECIFY EXEMPT SIGNS IN REMU; TO BY REVISING 18.52.060 TO SPECIFY SIGNS PERMITTED IN REMU; TO BY REVISING 18.54.030 TO ADD STANDARDS FOR TELECOMMUNICATIONS FACILITES IN REMU; AND TO BY REVISING SECTION 18.80.1275 TO ADD A DEFINITION FOR GROUP LIVING WHEREAS, the City of Bozeman has adopted the Bozeman 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, the City of Bozeman has adopted a Unified Development Ordinance which establishes common standards for both zoning and subdivision development; and WHEREAS, the proposed Unified Development Ordinance text amendment application has been properly submitted, and reviewed, and all necessary public notice was given for all public hearings; and WHEREAS, the City of Bozeman Zoning Commission and Planning Board held a public meeting on August 17, 2010, to jointly discuss the proposed text amendment; and 55 Page 2 of 31 WHEREAS, the Bozeman Zoning Commission held two public hearings on September 7, 2010 and February 1, 2011 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, as shown in Zoning Commission Resolution Z-09241, the Bozeman Zoning Commission recommended to the Bozeman City Commission that proposed the Unified Development Ordinance text amendments be approved; and WHEREAS, after proper notice, the City Commission held a public hearing on February 14, 2011, to receive and review all written and oral testimony on the request for a text amendment to the Unified Development Ordinance; and WHEREAS, the City Commission reviewed and considered the relevant Unified Development Ordinance text amendment criteria established by Sections 76-3-102, 76-3-501, and 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC; and WHEREAS, at its public hearing, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman’s adopted growth policy and applicable statutes and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, upon a vote of ____ to ____, that: Section 1 That Section 18.14.010.B, Bozeman Municipal Code be amended so that such section shall to read as follows: 56 Page 3 of 31 18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED B. For the purpose of this title, the City is divided and classified into the following use districts: R-S Residential Suburban District R-1 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-1 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 REMU Residential Emphasis Mixed Use District Section 2 That Title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended by adding to include a new Chapter to be numbered Chapter 18.17, and that the new Chapter shall to read as follows: CHAPTER 18.17 RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT (REMU) 57 Page 4 of 31 18.17.010 INTENT AND PURPOSE OF RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT The intent and purpose of the Residential Emphasis Mixed-Use (REMU) district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood, while providing predictability to landowners and residents in uses and standards. There is a rebuttable presumption that the uses set forth for the district will be compatible both within the district and to adjoining 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. All development is subject to §18.02.050, BMC. A. It is further the intent of this district to implement the principles of the adopted growth policy: Neighborhoods 1. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; 2. Support compact, walkable developments that promote balanced transportation options; 3. Have residential as the majority use with a range of densities; 4. Provide for a diverse array of commercial and civic uses supporting residential; 5. Have residential and commercial uses mixed vertically and/or horizontally; 6. Locate adjacent to residential neighborhoods that can sustain commercial uses within walking distance and a wider range of housing types; 7. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets; Sense of Place 8. Support or add to an existing neighborhood context; 9. Enhance an existing neighborhood’s sense of place and strive to make it more self- sustainable; 10. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; 11. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; 12. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets; Natural Amenities 13. Preserve and integrate the natural amenities into the development; 14. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood; Centers 15. Group uses of property to create vibrant centers 16. Where appropriate create a center within an existing neighborhood; 17. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 58 Page 5 of 31 18. Allow an appropriate blend of complimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; 19. Foster the master plan development into a mix of feasible, market driven uses; 20. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman area as well; 21. Maximize land use efficiency by encouraging shared use parking; Integration of Action 22. Support existing infrastructure that is within and adjacent to REMU zones; 23. Add to existing transportation and open space network, encourage pedestrian and bicycle travel; 24. Encourage master planned communities with thoughtful development; 25. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; 26. Provide roadway and pedestrian connections to residential areas; 27. Facilitate development (land use mix, density and design) that supports public transit, where applicable; 28. Provide flexibility in phasing to help insure both long and short term financial viability of the project as a whole; Urban Density 29. Encourage efficient land use by facilitating, high-density, single or multi-story housing, commercial and retail development; 30. Provide transitions between high-traffic streets and adjacent residential neighborhoods and Sustainability 31. Promote sustainable communities through careful planning. B. To accomplish in the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the City. Implementation of certain regulations herein may be implemented with regard to the specific characteristics and location of a development site. REMU districts should be located adjacent to or near planned or existing residential development to enhance walking and bicycle use. 18.17.020 AUTHORIZED USES. A. Uses in the Residential Emphasis 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 “-.” 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 59 Page 6 of 31 through the review process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC. C. Uses Required and Limited 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Non-residential uses shall not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a Master Site Plan or Planned Unit Development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use shall be utilized. 5. The specific method of tracking will be determined during the Master Site Plan, PUD, or Site Plan review. 6. Home-based businesses are not considered nonresidential uses and shall not be limited by the provisions of the Section. 7. Nonresidential uses intended for public benefit and shared public amenities shall not be limited by the provisions of this Section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. D. Development Review Applications 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will be first subject to review as a Master Site Plan per Chapter 18.34; or as a PUD per Chapter 18.36, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved Master Site Plan or PUD may be reviewed as a Site Plan Review or Sketch Plan Review in accordance with Chapter 18.34. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this chapter; and may be subject to review as a Master Site Plan per Chapter 18.34 by decision of the Planning Director, upon finding: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersections deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; d. The proposed development requires a multi-year approval and multiple phases for completion. 60 Page 7 of 31 Table 17-1 TABLE OF USES MAXIMUM GROSS BUILDING AREA AUTHORIZED USES Accessory Dwelling Unit P Apartments and Apartment Buildings P Arts and Entertainment Center 12,000 square feet P Assisted Living/Elderly Care Facilities P Automobile Fuel Sales C Automobile Parking Lot or Garage (public or private) P Automobile Washing Establishment C Banks and Other Financial Institutions P Bed & Breakfast P Business, Technical or Vocational School P Community Centers P Community Residential Facilities P Convenience Uses Except For Automobile Fuel Sales (as listed above) P Cooperative Household P Convenience Use Restaurant 5,000 square feet P4 Daycare – family, group, or center P Essential Services (Type II) C Extended-Stay Lodgings 40,000 square feet P Fraternity, Sorority or Lodge P Group Living P Health and Exercise Establishments P Home-based Businesses (subject to 18.17.030.E only) P Hospitals C Hotel or Motel 40,000 square feet P Laboratories, Research and Diagnostic 10,000 square feet P Laundry Service Center P Light Goods Repair P Lodging Houses P Manufacturing (light and completely indoors) 5,000 square feet P Museum P Medical and Dental Offices, Clinics and Centers P 61 Page 8 of 31 Meeting Hall P Offices P Other Buildings & Structures (typically accessory to permitted uses) A Personal and Convenience Services P Pet Grooming Shop P Printing Offices and Publishing Establishments 5,000 square feet P Public Buildings P Refuse and Recycling Containers A Restaurants P Retail Uses less than or equal to 5,000 square feet 5,000 square feet P 1 Retail Uses greater than 5,000 square feet and less than or equal to 12,000 square feet 12,000 square feet P 1, 2 Retail Uses greater than 12,000 square feet and less than or equal to 25,000 25,000 square feet P 1, 3 Sales of Alcohol for On-Premise Consumption – No gaming allowed C Single household dwelling P Three- or four-household dwelling P Townhouses (five attached units or less) P Two-household dwelling P Veterinary Clinic C Wholesale Distributors With On-Premise Retail Outlets (providing warehousing is limited to commodities which are sold on the premises) 10,000 square feet C Wholesale Establishments (ones that use samples, but do not stock on premises) 5,000 square feet C Any Use, Except Adult Businesses and Casinos, Approved as Part of a Planned Unit Development Subject to the provisions of Chapter 18.36, BMC. C 1 Excluding Adult Businesses as defined in Chapter §18.80.BMC. 2 Limited to no more than four structures per 100 acres of contiguous master planned development and subject to 18.17.020.C. 3 Limited to no more than two structures per 100 acres of contiguous master planned development and subject to 18.17.020.C. 4 Convenience Use Restaurants with Drive Ups or Drive Throughs require additional buffering when adjacent to residential uses which may include, but are not limited to sound barrier walls, berms, and/or landscaping. 18.17.030 SPECIAL STANDARDS A. The Special Standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this Title. B. Landscape and Planting Standards. Table 18.17-2 (below) lists the minimum number of points needed for landscape plan 62 Page 9 of 31 approval for development types within REMU districts. Table 17-2 Development Type Lot With Residential Adjacency Lot Without Residential Adjacency Residential Small-Lot Single-Family Household N/A per 18.48.020.B N/A per 18.48.020.B Residential: Single-Family Household N/A per 18.48.020.B N/A per 18.48.020.B Residential: Townhouse 2 to 4 attached units N/A per 18.48.020.B N/A per 18.48.020.B Residential: Townhouse or Townhouse Cluster 5 or more attached units 23 23 Residential: Two to Four Household Dwellings N/A per 18.48.020.B N/A per 18.48.020.B Residential: Apartments 5 or more units 23 23 Mixed Use with Residential 15 15 Non Residential Projects 23 15 PUD 23 23 C. Street and Circulation Standards 1. The policies and standards of the City’s long-range transportation plan apply to REMU districts. New streets within REMU districts shall be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-ways. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings shall be oriented with front facades facing the street. i. Where this is not possible, a side facade may face the street, but at least 25% of its surface area must be transparent windows. The overall design of side facades should address the public nature of the street. d. Shared drive accesses shall be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-Loaded Local Streets To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and driveways must comply with the following specific standards of this Title. · §18.16.070 Residential Garages 63 Page 10 of 31 · §18.44.090.C.2.a Drive Access Requirements – Residential · §18.46.010.D Stacking of Off-Street Parking Spaces · §18.46.010.E No Parking Permitted in Required Front or Side Yards · §18.46.010.F Parking Permitted in Rear Yards 3. Woonerfs: Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Mews: Mews, or alleys lined with garages and living quarters above, are encouraged on private drive access or properties in the REMU district. Mews may be permitted on alleys through the subdivision variance or PUD process. 5. Shared Drive Accesses: Apply standards of §18.44.090.F (Shared Drive Access) and §18.80.2770 (Shared Access). 6. Alleys: Alleys are encouraged, but not required, in the REMU district. a. Apply standards of §18.44.060.B (Street Improvement Standards - Alleys) where applicable. D. Building Standards 1. The minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s International Building Code. “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. 2. Floor-to-Ceiling and Floor-to-Floor Heights a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 3. Buildings that contain nonresidential uses (other than home occupations) on the ground floor shall provide transparency along at least 50% percent of the linear length of the commercial nonresidential façade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 4. Parking structures shall not have more than one two-way vehicle entrance or two one- way vehicle entrances facing any public way. 50% of the ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 5. Building encroachments are permitted in accordance with Section 18.38.060, subject to any and all applicable International Building Codes. 6. All projects in the REMU district are exempt from the Rear Yard Lot Coverage requirements of §18.38.050.H 64 Page 11 of 31 E. Lighting Standards 1. Special Lighting Standards: All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting that meet the requirements of Section 18.42.150 (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 development review. F. Natural Surveillance Standards 1. Natural Surveillance Standards: 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 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. G. Public Space Standards 1. Public Space Standards: The REMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate 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. a. Public spaces shall be designed to: 1. Facilitate social interaction between and within groups; 2. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; 3. Be attractive to multiple age groups, 4. Provide for multiple types of activities without conflicting; 5. Support organized activities; 6. Be visually distinctive and interesting; 7. Interconnect with other public and private spaces; and 8. Prioritize use by persons. H. Standards for Specific Development Types. The following standards are to be considered in the review of development applications incorporating these development types. 1. Residential: Small-Lot Single-Household a. Lot Coverage and Floor Area Lot Coverage: 75% maximum. Floor Area: Allowable FAR 1.5:1, also apply §18.16.030.B. 65 Page 12 of 31 b. Lot Area and Width Lot Area: 2500 square feet minimum. Lot Width: 25 feet minimum. c. Yards 1. Front yard: • Adjacent to arterial streets: 25 feet minimum. • Adjacent to collector streets: 15 feet minimum – 20 feet maximum. • Adjacent to local streets: 10 feet minimum – 15 feet maximum. 2. Rear yard: 10 feet minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum (zero lot line exception). • Allow “zero-lot line” development through shared use easements, zero lot line agreements or placement of buildings on one or both of the side lot lines. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. d. Building Height Table 17-8 Residential Building Height Table Roof Pitch Maximum Building Height in Feet Less than 3:12 35 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 e. Garages Apply standards of §18.16.070 and §18.38.050 (except §18.38.050.H). 2. Residential: Single-Household a. Lot Coverage and Floor Area Lot Coverage: 50% maximum. Floor Area: allowable FAR 1:1, also apply §18.16.030.B. b. Lot Area and Width Area: 4000 square feet minimum. Additional area for accessory dwelling unit: 800 square feet minimum. Width: 40 feet minimum. Width for accessory dwelling unit: 40 feet minimum. c. Yards 1. Front yard: • Adjacent to arterial streets: 25 feet minimum. • Adjacent to collector streets: 15 feet minimum – 20 feet maximum. 66 Page 13 of 31 • Adjacent to local streets: 10 feet minimum – 15 feet maximum. 2. Rear yard: 15 feet minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum (zero lot line exception). • Allow “zero-lot line” development through shared use easements or placement of buildings on or near one of the side lot line. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. d. Building Height Table 17-9 Residential Building Height Table Roof Pitch Maximum Building Height in Feet Less than 3:12 35 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 40 Equal to or greater than 9:12 42 e. Garages Apply standards of §18.16.070 and §18.38.050 (except §18.38.050.H). f. Additional Notes 1. Single Household units may incorporate home-based businesses at the ground level with direct access from a public right-of-way or other accessible route. These commercial uses are exempt from off-street parking requirements. 2. Developments may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2000 square feet of any nonresidential use in this development type is exempt from off-street parking requirements. Parking lots for such uses shall not be permitted along primary frontages. Apply standards of section 18.46.040.D for accessible parking spaces. 3. Residential: Townhouse/ Townhouse Cluster a. Lot Coverage and Floor Area Lot Coverage: 75% maximum. Floor Area: allowable FAR 2.5:1, also apply §18.16.030.B. b. Lot Area and Width Lot Area: no minimum lot area required. Lot Width: 15.5 feet minimum. c. Yards 1. Front yard: • Adjacent to arterial streets: 250 feet minimum. • Adjacent to collector streets: 15 feet minimum – 20 feet maximum. • Adjacent to local streets: 10 feet minimum – 15 feet maximum. 67 Page 14 of 31 2. Rear yard: 10 feet minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum or 0 feet for interior walls of townhouses. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this title. d. Building Height Table 17-10 Residential Building Height Table Roof Pitch Maximum Building Height in Feet Less than 3:12 35 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 42 Equal to or greater than 9:12 44 e. Garages To ensure that townhouses contribute to a community-oriented, pedestrian- friendly streetscape, they must comply with the following specific standards of this Title. 1. §18.16.070 Residential Garages 2. §18.44.090.C.2.a Drive Access Requirements - Residential 3. §18.46.010.D Stacking of Off-Street Parking Spaces 4. §18.46.010.E No Parking Permitted in Required Front or Side Yards 5. §18.46.010.F Parking Permitted in Rear Yards f. Additional Notes 1. Portions of site development review applications within the REMU zone for attached multi-family household developments should be urban in character and may be designed such that each dwelling unit has a ground level entry oriented to the public realm, and sharing one or more walls with another dwelling unit. 2. Such units should be broadly consistent in scale and level of architectural detail, but shall be designed to emphasize a distinction in individual dwelling units through form, massing, articulation, color and other architectural means. 3. Townhouse units may incorporate home-based businesses at the ground level with direct access from a public right-of-way or other accessible route. These commercial uses are exempt from off-street parking requirements. 4. Developments incorporating townhouse units may include individual retail uses at the ground level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2000 square feet of any nonresidential use in this development type is exempt from off-street parking requirements. Parking lots for such uses shall not be permitted along primary street frontages. Apply standards of Section 18.46.040.D for accessible parking spaces. 68 Page 15 of 31 4. Residential: Two to Four Household Dwellings, Group Living, and Apartments a. Lot Coverage and Floor Area Lot Coverage: 75% maximum or 100% if a structured parking facility is provided that accommodates all required parking. Floor Area: allowable FAR 4:1, also apply §18.16.030.B. b. Lot Area and Width: Lot Area: Apply standards of §18.16.040.A, Table 16-2 (Lot Area Table), §18.40.105, or if a structured internal parking facility is provided, then required lot area may be reduced by up to 50%. Lot Width: Apply standards of §18.16.040.B, Table 16-3 (Lot Width Table). Lots shall be sized to accommodate required open space required in §18.50.020.E as applicable. c. Yards 1. Front yard: • Adjacent to arterial streets: 25 feet minimum. • Adjacent to collector streets: 15 feet minimum – 20 feet maximum. • Adjacent to local streets: 10 feet minimum – 15 feet maximum. 2. Rear yard: 10 feet minimum. • Adjacent to arterial streets: 25 feet minimum. 3. Side yard: 5 feet minimum. d. Building Height: 5 stories maximum. e. Garages To ensure that multiple household dwellings contribute to a community-oriented, pedestrian-friendly streetscape, they must comply with the following specific standards of this Title. 1. §18.16.070 Residential Garages 2. §18.44.090.C.2.a Drive Access Requirements - Residential 3. §18.46.010.D Stacking of Off-Street Parking Spaces 4. §18.46.010.E No Parking Permitted in Required Front or Side Yards 5. §18.46.010.F Parking Permitted in Rear Yards f. Bicycle Parking. Covered bicycle parking shall be provided by all apartments and group living development. The covered spaces shall be either 10 bicycle parking spaces or one-half of the total minimum bicycle parking whichever is greater. 5. Residential: Mixed Use (Residential over Commercial) a. Lot Coverage and Floor Area Lot Coverage: 75% maximum or 100% if a structured parking facility is provided that accommodates all required parking. Floor Area: The minimum floor area requirements for each dwelling in all districts shall be that area required by the City’s International Building Code. All vertical mixed use development shall provide a minimum floor area ratio of not less than 0.75:1. “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 69 Page 16 of 31 demonstrate compliance with the minimum floor area ratio standard. b. Lot Area and Width Lot Area: All new mixed use lots shall have a minimum area adequate to provide required setbacks (yards) and parking. Lot Width: No minimum width for new mixed use lots. Lots shall be sized to accommodate required open space required in §18.50.020.E as applicable. c. Yards: 1. 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. 2. 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. 3. Special Yard Requirements. All yards shall be subject to the provisions of §18.30.060 Design Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height Encroachments, Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street Vision Triangle, and §18.48.100 General Maintenance, BMC, when applicable. d. Building Height: Minimum height: 2 stories. Maximum height: 5 stories. e. Special Parking Standards 1. Structured Parking Incentive. A floor area bonus of one square foot of nonresidential up to a total of 50% of the gross building area of all uses may be granted for each square foot of area of structured parking. 2. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use, population density, and scope. 3. Bicycle Parking. Covered bicycle parking shall be provided by all mixed use development. The covered spaces shall be either 10 bicycle parking spaces or one-half of the total minimum bicycle parking whichever is less. g. Special Building Standards 1. Floor-to-Ceiling and Floor-to-Floor Heights a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 2. Buildings that contain commercial uses on the ground floor shall provide transparency along at least 50% percent of the linear length of the commercial façade. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, 70 Page 17 of 31 office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 3. Parking structures shall not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. 50% of the ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 4. Building encroachments are permitted in accordance with Section 18.38.060, subject to any and all applicable International Building Codes. 5. All projects in the REMU district are exempt from the Rear Yard Lot Coverage requirements of §18.38.050.H h. Special Lighting Standards: All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting that meet the requirements of Section 18.42.150 (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 development review. i. Natural Surveillance Standards: 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 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. j. Public Space Standards: The REMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate 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. 6. Nonresidential a. Structures for authorized nonresidential uses are permitted in the REMU district 71 Page 18 of 31 and shall comply with the Intent and Purposes set forth in this chapter. Such uses in the REMU district are intended to provide neighborhood services and local employment, and complement existing and planned residential uses. Structures for nonresidential uses are subject to the following restrictions: b. The placement and building design of such structures should be integrated into an overall site development plan. c. Lot Coverage and Floor Area Lot coverage: 100% if parking requirements are met by shared or off-site parking facilities, or if a structured parking facility is provided that accommodates all required parking. Floor Area: minimum FAR 0.5:1. d. Lot Area and Width: 1. All newly created lots shall have a minimum area adequate to provide for required yards and parking. In the REMU district there is no minimum size for newly created nonresidential lots. 2. There is no minimum width for newly created nonresidential lots within the REMU district. e. Yards: 1. Minimum Yards. No minimum yards are required for nonresidential uses. Easements for utilities or other special standards may require buildings to be placed back from lot lines. 2. Maximum Setback. Buildings shall be oriented to the primary 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. 3. Special Yard Requirements. All yards shall be subject to the provisions of §18.30.060 Design Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height Encroachments, Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street Vision Triangle, and §18.48.100 General Maintenance, §18.48.050.C Parking Lot landscaping, 18.48.050.B Additional Screening Requirements, BMC, when applicable. f. Building Height: Minimum height: 15 feet measured from the building’s primary street frontage Maximum height: 5 stories. Single-story, single-use commercial buildings in compliance with all other standards of this chapter permitted. g. Special Parking Standards: 1. Structured Parking Incentive. A floor area bonus of one square foot of nonresidential up to a total of 50% of the gross building area of all uses may be granted for each square foot of area of structured parking. 2. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with documented parking ratios in developments of similar scale, intensity of use, population density, and scope. 72 Page 19 of 31 3. Bicycle Parking. Covered bicycle parking shall be provided by all commercial development and mixed use nonresidential development. The covered spaces shall be either 10 bicycle parking spaces or one-half of the total minimum bicycle parking whichever is less. h. Special Building Standards: 1. Floor-to-Ceiling and Floor-to-Floor Heights a. All commercial space provided on the ground level shall have a minimum floor-to-ceiling height of 12 feet. b. Residential uses shall have no limit to floor-to-ceiling or floor-to-floor heights. 2. Buildings that contain commercial uses on the ground floor shall provide transparency along at least 50% percent of the linear length of the building façade fronting a public street. Transparency may be achieved with windows, building lobbies, building entrances, display windows, or windows affording views into retail, office, or lobby spaces. This requirement shall apply to both street fronts for buildings located on corner lots. 3. Parking structures shall not have more than one two-way vehicle entrance or two one-way vehicle entrances facing any public way. 50% of the ground floor linear frontage along a primary street must be retail, commercial, office, civic, residential, or live/work. 4. Building encroachments are permitted in accordance with Section 18.38.060, subject to any and all applicable International Building Codes. 5. All projects in the REMU district are exempt from the Rear Yard Lot Coverage requirements of 18.38.050.H i. Special Lighting Standards: All building entrances, pathways, and other pedestrian areas shall be lit with pedestrian-scale lighting that meet the requirements of Section 18.42.150 (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. j. Natural Surveillance Standards: 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 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. k. Public Space Standards: The REMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces shall be designed to facilitate distinct types of activities to encourage consistent human presence and activity. 1. Public spaces shall be designed to: 73 Page 20 of 31 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 Section 18.36.030 of the Unified Development Ordinance be amended so that such section shall to read as follows: 18.36.030 SPECIAL CONDITIONS OF A PLANNED UNIT DEVELOPMENT The following special conditions shall apply to any planned unit development: A. Single Ownership. The tract or parcel of land involved shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included. B. Title Holdings. The approved final plan shall specify the manner of holding title to areas and facilities of joint use and how areas of joint use shall be maintained. Normally such areas and facilities shall be retained in title by the developers of the development or deeded to an organization composed of all owners in the development and meeting the requirements of §18.72.020, BMC. C. Residential Planned Unit Development: The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services subject to the limitations in §18.36.090.F.2.b, BMC. Section 4 Section 18.26.090.F.2.a.(7) of the Unified Development Ordinance be amended so that such section shall to read as follows: (e) Designed to meet LEED-ND and be conditionally approved or have pre-certification by the authority (15 points) (f) Inclusion of a Low Impact Development Plan (6 points) that includes the following: (i) On-site stormwater treatment systems that exceed the requirements of BMC Title 14, Stormwater, including but not limited to: incorporating drainage methods and technologies that treat, detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of natural drainage systems across sites, rather than underground closed-pipe systems to the extent feasible. Natural drainage systems reduce the negative impacts of stormwater runoff by redesigning residential streets 74 Page 21 of 31 to take advantage of plants, trees, and soils to clean runoff and manage stormwater flows. Vegetated swales, stormwater cascades, and small wetland ponds allow soils to absorb water, slowing flows and filtering out many contaminants. (ii) The Low Impact Development Plan shall be integrated with the Snow Storage and Management Plan (iii) At least 75% of new planting should be chosen from the list of Drought Tolerant Plants & Xeriscaping in Montana (2010), produced by the Montana Nursery & Landscape Association, or approved/updated equivalent list approved by the City of Bozeman. Any species listed as noxious or invasive in Montana shall be avoided. (iv) Inclusion of weather-based irrigation controllers. (v) Limitations in the Covenants or Design Guidelines on the amount and type of sod permitted. (g) Sustainable Design and Construction (6 points) (i) Covenants or Design Guidelines that include a commitment to design the majority of buildings to meet LEED certification requirements or approved equivalent certification approved by the City of Bozeman. Equivalent certification programs will also be considered during Preliminary PUD review. (ii) Energy use reduction. Residential Covenants or Design Guidelines shall include a commitment to build third party certified homes, which meet guidelines that make them at least 20% more efficient than standard homes. Non-residential Covenants and Design Guidelines shall include a commitment to build and certify buildings that meet the EPA’s ENERGY STAR challenge, a program that applies to offices, schools, post offices, retail, banks, warehouses and residence halls, or approved equivalent program. Equivalent programs will also be considered during Preliminary PUD review. (iii) Water use reduction. Covenants or Design Guidelines shall include a commitment to use EPA’s WaterSense certified products for all kitchen, bathroom and irrigation hardware. WaterSense is an EPA-sponsored partnership program that promotes water efficiency and expands the market for water-efficient products, programs, and practices. Equivalent programs will also be considered during Preliminary PUD review. 75 Page 22 of 31 (iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed plan on how the development will address this component shall be submitted. (h) Integrated and coordinated way-finding measures beyond minimum requirements within the overall project (4 points) (i) On-site recycling transfer station (4 points) (j) Public transportation bus station or enhanced covered bus stop (1 point per station or enhanced stop) (k) Streetscape Improvements (6 points): Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting, low-impact development techniques, on-street parking standards, crosswalks, landscape and planting, way-finding, public art or other design elements. Such elements must be installed as part of the street infrastructure. Section 5 Section 18.36.090.E.2.b of the Unified Development Ordinance be amended so that such section shall to read as follows: b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH 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 uses listed in the B-1 neighborhood service district (Chapter 18.18, BMC), 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 neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: Section 6 Section 18.36.090.E.2 of the Unified Development Ordinance be amended by adding Section 18.36.090.E.2.e added to read as follows: e. Mixed Use. Planned unit developments in mixed use areas (REMU, UMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses shall be determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? 76 Page 23 of 31 (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? (3) Is the project on at least two acres of land? (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? (5) Does the overall project achieve or exceed the FAR “Floor Area Ratios” envisioned for the underlying district? (6) Is it compatible with and does it reflect the unique character of the surrounding area? (7) 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 spaces? (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman growth policy? (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? (10) Does the project provide for private outdoor areas (e.g., private yards, patios and/or 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? (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? (12) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community wide issues of affordability and diversity of housing stock? (14) Residential Density Bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in Chapter 18.16, BMC, 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? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this 77 Page 24 of 31 calculation shall be provided within the project. Those dwellings subject to Chapter 17.02 BMC shall be excluded in the base density upon which the density bonus is calculated. Section 7 Section 18.40.030.B of the Unified Development Ordinance be amended so that such section shall to read as follows: B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory dwelling unit, in the R-2, R-3, R-4 or, R-O or, REMU (Residential Single- Household lots only) districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit. If the following conditions are not met the dwelling shall be reviewed under the provisions of §18.34.090, BMC. Section 8 Chapter Section 18.40.105 of the Unified Development Ordinance be amended by adding Section 18.40.105 to read as follows: 18.40.105 GROUP LIVING A. Applicability. All group living uses (as defined in Section 18.80.1275) except for health care facilities and community residential facilities with eight or fewer residents are subject to the standards of this section. B. Density. 1. The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting density addresses areas of legitimate public concern and the purposes of zoning as established by the state legislature and adopted locally in Section 18.02.040, BMC. 2. For the purpose of these regulations, “residents” include all people living at the site, including children; except that people who provide support services, building maintenance, care, and supervision, are not considered residents. 3. Group living use requires the following area of land within the site for each resident. District Name Minimum Lot Area per Dwelling – Not Title 17 dwellings – Average Persons per Household per 2000 census Minimum Area required per Resident in Square Feet REMU 1,361 2.26 602 C. On-site Service and Facilities. In any R district, on-site services and facilities may be provided only to residents of the group living use. 78 Page 25 of 31 D. Group living is not a substitute for a hotel, motel, or other transitory service facility. Therefore, duration of terms of occupancy for residents is 30 days or greater. Section 9 Section 18.46.040.A Table 46-2 of the Unified Development Ordinance be amended so that such section shall to read as follows: Table 46-2 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse .75 spaces per person of approved capacity Efficiency unit 1.25 One-bedroom 1.5 Two-bedroom 2 Three-bedroom 3 Dwellings with more than three bedrooms 4 Group homes and community residential facilities .75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured Home 2 All types of dwellings within the B-3 district 1 Group Living 1 space per resident 1 A facility may request to provide fewer parking spaces if they provide evidence that the residents are prohibited from operating motor vehicles. Under no condition shall less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking shall be provided before the change is use may occur. Section 10 Section 18.46.040.B.3.b of the Unified Development Ordinance be amended so that such section shall to read as follows: b. Community Commercial and Residential Emphasis Mixed Use. Within zoning districts lying within a commercial node, as defined in Chapter 18.80, and the REMU District the parking requirements for nonresidential uses may be reduced. Section 11 Section 18.50.020.A of the Unified Development Ordinance be amended so that such section shall to read as follows: 79 Page 26 of 31 18.50.020 PARK AREA AND OPEN SPACE REQUIREMENTS A. The area required by §18.50.020.A shall be provided. The required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by §18.50.100, BMC, subject to the standards of this title. 1. When the net residential density of development is known, three-one-hundredths (0.03) acres per dwelling unit of land shall be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre shall be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the City Commission. b. These requirements are based on the community need for parks and the development densities identified in the growth policy and this title. c. Net residential density of development is known when a plat or site plan depicts a set number of lots and the final number of residential units at full buildout can be reasonably determined. d. When developed as group living, in lieu of three-one-hundredths (0.03) acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. d. e. The required area dedication or its equivalent shall not be required for any residential density in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density shall be 10 dwellings per acre. (2) For development within the R-3, R-4, and R-O, and REMU zoning districts, the maximum net residential density shall be 12 dwellings per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density shall be 12 dwellings per acre OR 2. If net residential density of development is unknown, .03 acres per dwelling of land dedication or its equivalent shall be provided as follows: a. For initial subdivision or other development: (1) For development within the R-1, R-2, and R-MH zoning districts an area equal to that required for six dwellings per net acre. (2) For development within the R-3, R-4, and unless legally restricted from residential uses R-O zoning districts, and REMU, an area equal to that required for eight dwellings per net acre. 80 Page 27 of 31 (3) For development within other zoning districts not previously specified and which are intended for residential development, the equivalent to an area dedication for six dwellings per net acre shall be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows: (1) For development within the R-1, R-2, and R-MH zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 10 dwellings per acre shall be provided as cash-in-lieu. (2) For development within the R-3, R-4, and R-O, and REMU zoning districts the land area equivalent for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. (3) For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in- lieu. (4) When developed as group living, in lieu of three-one-hundredths (0.03) acres per dwelling unit, an area of 575 square feet per resident shall be provided up to a limit of 27 persons per net acre. Section 12 Section 18.52.050.A of the Unified Development Ordinance be amended so that such section shall to read as follows: A. Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH, REMU [Single-household, two to four household, townhouse, and apartments]). Section 13 Section 18.52.050.B of the Unified Development Ordinance be amended so that such section shall to read as follows: B. Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed use, nonresidential]). Section 14 Section 18.52.060.A of the Unified Development Ordinance be amended so that such section shall to read as follows: 81 Page 28 of 31 A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, UMU, M-1, M-2, BP, PLI, HMU, REMU [mixed use, nonresidential]). Section 15 Section 18.52.060.C of the Unified Development Ordinance be amended so that such section shall to read as follows: C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU ). Section 16 Section 18.54.030.B Table 54-1 of the Unified Development Ordinance be amended so that such section shall to read as follows: Table 54-1 Zoning District Large scale Small scale Micro scale Nonbroadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P B-2 C P/C1 A P B-1 C P/C1 A P REMU PUD P/C1 A C R-O PUD C P C R-4 PUD C P C R-3 PUD C P C R-2 PUD C P - R-1 PUD C P - R-S PUD C P C 1Conditional use review is required when the proposed facility exceeds the height limitation of the district. Section 17 Section 18.54.040.B Table 54-2 of the Unified Development Ordinance be amended so that such section shall to read as follows: Table 54-2 Zoning District Large-scale Small-scale Micro-scale Nonbroadcast PLI b b b - M-2 b b b - M-1 b b b - B-P c a,c b - B-3 c a,c b - B-2 c a,c b - B-1 c a,c b - 82 Page 29 of 31 REMU d a,c b - R-O d a,c a,b - R-4 d a,c a,b - R-3 d a,c a,b - R-2 d a,c a,b - R-1 d a,c a,b - R-S d a,c a,b - Section 18 Chapter Section 18.80.1275 of the Unified Development Ordinance be added amended by adding Section 18.80.1275 to read as follows: 18.80.1275 Group Living A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this title. Eating and cooking areas may be shared in whole or part. Section 19 Severability. If any provision 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 growth policy which may be given effect without the invalid provision or application and, to this end, the provisions of this growth policy are declared to be severable. Section 20 Savings Provision. This ordinance does not affect the rights of duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this resolution. Section 21 83 Page 30 of 31 The effective date of this ordinance is 30 days after passage on 2nd reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 28th day of March 2011. Section 22 Codification Instruction. The provisions of Sections 1 through 18 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code. ______________________ JEFFREY K KRAUSS MAYOR ATTEST: ______________________ STACY ULMEN CITY CLERK PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the ________day of _______________, 2011. _______________________ JEFFREY K KRAUSS MAYOR ATTEST: 84 Page 31 of 31 ______________________ STACY ULMEN CITY CLERK APPROVED AS TO FORM: ______________________ GREG SULLIVAN CITY ATTORNEY 85