HomeMy WebLinkAboutProvisional of Ordinance 1832, Zone Code Amendment Z-12050
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12050 - First Reading for Ordinance 1832
amending the text of the Unified Development Code to allow a Master
Site Plan as an alternative to the creation of a Planned Unit Development
for non-residential development within the North 19th Avenue/West Oak
Street Entryway Corridor. This amendment includes approval of
Resolution 4384 modifying the Bozeman Design Objectives Plan to
achieve this purpose.
MEETING DATE: June 18, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Conduct a public hearing on Zone Code Amendment #Z-12050
implementing Ordinance 1832 and Resolution 4384, and having considered public testimony, the
materials presented in the packet, and the review criteria for adoption of a Zone Code
Amendment, preliminarily approve Ordinance 1832 and approve corresponding Resolution
4384.
RECOMMENDED MOTION(S): (Two motions are required, one for the Ordinance to
enact the amendments to the Unified Development Code, the other for the Resolution to
enact the amendments to the Design Objectives Plan which was originally approved by
Resolution).
1) Having heard and considered public testimony, the materials presented in the packet,
and the review criteria for adoption of a Zone Code Amendment, I find that the text of
Ordinance 1832 is consistent with the review criteria and move to preliminarily
approve Ordinance 1832.”
2) Having heard and considered public testimony, the materials presented in the packet,
and the review criteria for adoption of a Zone Code Amendment, I find that the text of
Resolution 4384 is consistent with the review criteria and move to approve Resolution
4384.” (Note this Resolution is effective upon the final passage and effective date of
preceding Ordinance 1832).
BACKGROUND: Attached to the staff report for this item is a copy of a Zone Code
Amendment (ZCA) application filed by Cape France Enterprises and Kevin Cook. The
application proposes to amend the Unified Development Code to allow a Master Site Plan as an
alternative to the creation of a Planned Unit Development (PUD) for non-residential
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development within the North 19th Avenue/West Oak Street Entryway Corridor. While the
applicants applied for this text amendment, Planning Staff drafted the attached Ordinance and
Resolution to affect the needed changes within the Unified Development Code and the Design
Objectives Plan to accomplish this purpose.
The request for this alternative review process has been made subsequent to the adoption of the
new Master Site Plan provisions within the Unified Development Code (UDC). The UDC
identifies a Master Site Plan as “a generalized development plan that establishes building
envelopes and overall entitlements for complex, large scale projects that will require multiple
years to reach completion.” It also requires that “any development that includes
phases/buildings that would extend past the final plan approval period (1 year with a possible 1
year extension) shall proceed under the master site plan application process with a first phase
plan for those portions that can be constructed under the single phase final plan approval.” The
Master Site Plan review process is the same review process authorized for development within
the new Residential Emphasis Mixed Use District and the recently approved South University
District Project.
Staff and the Development Review Committee (DRC) are supportive of this amendment. At its
meeting on May 23, 2012, the Design Review Board (DRB) also recommended these
amendments for adoption as noted in the attached minutes from that meeting. (The DRB
reviewed the proposed zoning text amendment as it would affect properties located within an
entryway corridor). On June 5, 2012, the Zoning Commission conducted a public hearing and
reviewed the proposed amendments and recommended approval to the City Commission as
noted in the attached Zoning Commission Resolution and the minutes from that meeting.
Key principles of the proposed amendments:
1) Projects utilizing the Master Site Plan provisions would still have to comply with all
of the underlying specific development standards of the Unified Development Code
and Design Objectives Plan for the North N. 19th Avenue and W. Oak Street
Corridor. These standards are based on the principles of the North 19th Avenue/Oak
Street Corridor Master (Sub-Area) Plan which includes as an implementation strategy:
a. Require all non-residential development of lands lying wholly or partially within
designated Entryway Corridors to be reviewed in accordance with zoning PUD
guidelines and procedures, or an alternative development review process designed to
achieve the same objectives (underling added), to provide integrated design schemes
that effectively promote open space and discourage strip development.
2) In order to create some flexibility for an applicant and staff in order to achieve a higher
level of design, or in working within site constraints, yet still keep the project eligible as a
Master Site Plan at the administrative approval level, (i.e. and not to trigger a PUD) a
provision would be established to allow up to two (2) dimensional deviations under the
20% allowance for Certificates of Appropriateness (COA’s) within Entryway Corridors.
More than two (2) requested deviations, or any relaxation to underlying zoning permitted
uses or other standards, would require the submittal of a Planned Unit Development
(PUD) to the City Commission.
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3) The thresholds for master or individual site plans within the corridor subject to review by
the DRB will not change. All PUD’s submitted within the corridor will remain subject to
DRB review.
Land use standards and procedures must be updated to accommodate changing community
needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman
continually monitors its Unified Development Code as it is applied to the community. The public
review process for the proposed/draft amendment text allows evaluation of ideas and refinement
of specific text.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: The City Commission could decline to approve the draft ordinance and
resolution or could propose alternative text.
FISCAL EFFECTS: This Zone Code Amendment and Ordinance/Resolution does not have a
direct expense to the City.
Attachments: Staff Report, Application Materials, N. 19th Avenue/Oak Street Corridor Master
Plan/Map, Ordinance 1832, Resolution 4384, Design Review Board Minutes of May, 23, 2012, Zoning
Commission Resolution #Z-12050, Zoning Commission Minutes of June 5, 2012.
Report compiled on: June 7, 2012
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CITY COMMISSION/ZONING COMMISSION STAFF REPORT
UDC TEXT AMENDMENT FILE NO. #Z-12050
#Z-12050 UDC Text Amendment Staff Report Page 1 of 6
Item: Unified Development Code Text Amendment Application #Z-12050, a
request to amend the text of the Unified Development Code to allow a Master
Site Plan as an alternative to the creation of a Planned Unit Development
(PUD) for non-residential development within the North 19th Avenue/West
Oak Street Entryway Corridor. This amendment would also modify the
Bozeman Design Objectives Plan to achieve this purpose. Amend additional
sections which are relevant to the same topic if a need to do so is identified
during the public review process.
Applicant(s): Cape France Enterprises
2020 Charlotte St.
Bozeman, MT 59718
Kevin Cook
1276 N. 15th Ave. Ste 103
Bozeman, MT 59715
Date/Time: Before the Bozeman Zoning Commission on Tuesday, June 5, 2012 at 6:00
p.m. in the Commission Room, City Hall, 121 North Rouse Avenue,
Bozeman, Montana. Before the Bozeman City Commission on Monday, June
18, 2012 at 6:00 p.m. in the Commission Room, City Hall, 121 North Rouse
Avenue, Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Recommendation: Approval
Suggested Motions: “Having heard and considered public comment, I hereby adopt the findings
presented in the staff report and move to recommend approval of the text
amendments to Chapter 38 as included in the draft Ordinance as requested
in application Z-12050.”
“Having heard and considered public comment, I hereby adopt the findings
presented in the staff report and move to recommend approval of the text
amendments to the Design Objectives Plan as included in the draft
Resolution as requested in application Z-12050.”
PROJECT LOCATION
The proposed edits are applicable throughout the boundaries of the North 19th Avenue/West Oak Street
Entryway Corridor of the City of Bozeman (see attached copy of the N. 19th Avenue/Oak Street Corridor
Master Plan).
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#Z-12050 UDC Text Amendment Staff Report Page 2 of 6
PROPOSAL AND BACKGROUND INFORMATION
Attached to this staff report is a copy of a Zone Code Amendment (ZCA) application filed by Cape
France Enterprises and Kevin Cook. The application proposes to amend the Unified Development Code
to allow a Master Site Plan as an alternative to the creation of a Planned Unit Development (PUD) for
non-residential development within the North 19th Avenue/West Oak Street Entryway Corridor. While
the applicants applied for this text amendment, Planning Staff drafted the attached Ordinance and
Resolution to affect the needed changes within the Unified Development Code and the Design
Objectives Plan to accomplish this purpose.
The request for this alternative review process has been made subsequent to the adoption of the new
Master Site Plan provisions within the Unified Development Code (UDC). The UDC identifies a Master
Site Plan as “a generalized development plan that establishes building envelopes and overall
entitlements for complex, large scale projects that will require multiple years to reach completion.” It
also requires that “any development that includes phases/buildings that would extend past the final plan
approval period (1 year with a possible 1 year extension) shall proceed under the master site plan
application process with a first phase plan for those portions that can be constructed under the single
phase final plan approval.” The Master Site Plan review process is the same review process authorized
for development within the new Residential Emphasis Mixed Use District and the recently approved
South University District Project.
Staff and the Development Review Committee (DRC) are supportive of this amendment. At its meeting
on May 23, 2012, the Design Review Board (DRB) also recommended these amendments for adoption
as noted in the attached minutes from that meeting. (The DRB reviewed the proposed zoning text
amendment as it would affect properties located within an entryway corridor).
Key principles of the proposed amendments:
1) Projects utilizing the Master Site Plan provisions would still have to comply with all of the
underlying specific development standards of the Unified Development Code and Design
Objectives Plan for the North N. 19th Avenue and W. Oak Street Corridor. These standards
are based on the principles of the North 19th Avenue/Oak Street Corridor Master (Sub-Area) Plan
which includes as an implementation strategy:
a. Require all non-residential development of lands lying wholly or partially within designated
Entryway Corridors to be reviewed in accordance with zoning PUD guidelines and
procedures, or an alternative development review process designed to achieve the same
objectives (underling added), to provide integrated design schemes that effectively promote open
space and discourage strip development.
2) In order to create some flexibility for an applicant and staff in order to achieve a higher level of
design, or in working within site constraints, yet still keep the project eligible as a Master Site
Plan at the administrative approval level, (i.e. and not require a PUD) a provision would be
established to allow up to two (2) dimensional deviations under the 20% allowance for
Certificates of Appropriateness (COA’s) within Entryway Corridors.
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#Z-12050 UDC Text Amendment Staff Report Page 3 of 6
More than two (2) requested deviations, or any relaxation to underlying zoning permitted uses or
other standards, would require the submittal of a Planned Unit Development (PUD) to the City
Commission.
3) The thresholds for master or individual site plans within the corridor subject to review by the
DRB will not change. All PUD’s submitted within the corridor will remain subject to DRB
review.
Land use standards and procedures must be updated to accommodate changing community needs,
priorities, regulatory requirements and changing knowledge. The City of Bozeman continually monitors
its Unified Development Code as it is applied to the community. The public review process for the
proposed/draft amendment text allows evaluation of ideas and refinement of specific text. Revisions
may be made to the draft as the process continues.
REVIEW CRITERIA:
The Zoning Commission criteria for review of a text amendment are established in statute. The analysis
below notes that review criteria are met with the term ‘yes’; are not met with the term ‘no’; or are not
materially affected with the term ‘neutral’. This report is a summary of Staff’s analysis.
Interpretation and application of the UDC must take into account the document as a whole. If a
substantial change is made then a particular point may be emphasized. To prevent redundancy, when an
earlier review criterion has addressed an issue a later review criterion addressing the same issue may
refer back to the prior answer.
According to Section 38.36.020 of the UDC, the Zoning Commission shall cause to be made an
investigation of facts bearing on each text amendment application relevant to zoning. The Zoning
Commission must review the information they consider necessary to assure that the action of each text
amendment application is consistent with the intent and purpose of the UDC. Specifically, the
investigation must address the following criteria as required in Section 76-2-304, Montana Code
Annotated. Locally these are incorporated into Section 38.01.040.C&D, BMC
The Zoning Commission is charged to offer a recommendation only on those criteria established by
Section 76-2-304, MCA which are identified by letter below.
Section 76-2-304, MCA Criteria:
A. Be in accordance with a growth policy.
Yes. The amendment advances a variety of public policy goals as illustrated by this selection of
goals and objectives from the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the concerns being
addressed.
Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and
incentives to ensure that development within the Planning Area is in compliance with the
Bozeman Community Plan.
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#Z-12050 UDC Text Amendment Staff Report Page 4 of 6
This amendment is also supported on the principles of the North 19th Avenue/Oak Street
Corridor Master Plan, which is an adopted Sub-Area Plan to the Growth Policy, and includes as
an implementation strategy:
a. Require all non-residential development of lands lying wholly or partially within designated
Entryway Corridors to be reviewed in accordance with zoning PUD guidelines and
procedures, or an alternative development review process designed to achieve the same
objectives (underling added), to provide integrated design schemes that effectively promote open
space and discourage strip development.
This amendment is also supported by the following goal(s) contained in the City’s adopted
Economic Development Plan:
5) Create a more collaborative and effective working partnership between the
business community and the City of Bozeman and effectively manage the City of
Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth.
(2) Provide an efficient and well-defined land development process with
development regulations being as flexible as possible and efficiently
administered.
(4) Empower the Planning Department staff and the City Commission to build
more efficiency in the decision making process.
These goals and objectives would be accomplished by this amendment by creating
provisions for an alternate, Planning Director/administratively approved, review process
for non-residential development within the corridor when the project is designed to meet
the adopted intent, standards and criteria for such development within the corridor.
B. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendments will not alter or change the UDC or Design Objectives Plan
regulations or guidelines pertaining to motorized or non-motorized transportation systems. This
amendment will only create an additional or alternate review process for non-residential projects
within the North 19th
C. Secure safety from fire, panic, and other dangers.
/W. Oak Street Corridor.
Neutral. The proposed amendments do not alter the on-site standards which address this criteria.
This amendment will only create an additional or alternate review process for non-residential
projects within the North 19th
D. Promote public health, public safety, and general welfare.
/W. Oak Street Corridor.
Neutral. The amendments do not alter any adopted standards which would affect this criterion. As
discussed under other criteria, this amendment will only create an additional or alternate review
process for non-residential projects within the North 19th/W. Oak Street Corridor.
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#Z-12050 UDC Text Amendment Staff Report Page 5 of 6
E. Reasonable provision of adequate light and air.
Neutral. The amendments do not alter any adopted standards which would affect this criterion. As
discussed under other criteria, this amendment will only create an additional or alternate review
process for non-residential projects within the North 19th
F. Prevention of overcrowding of land.
/W. Oak Street Corridor.
Neutral. These amendments are not altering requirements for lot coverage or building density.
Objectively, overcrowding is a condition where the intensity of the use of land overwhelms the
ability of infrastructure and buildings to meet the needs of users. This functional problem is
addressed by ensuring the installation of water, sewer, transportation, and other services. The
proposed amendments do not alter the standards for provision of services.
G. Avoiding undue concentration of population.
Neutral. The proposed amendments do not change standards for density of population. See also item
F above.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Neutral. See items A, D and F.
I. Conserving the value of buildings.
Neutral. The proposed amendments retain all provision of adequate services requirements for
buildings as well as improve or allow an alternative review procedure. These changes improve the
general development climate within Bozeman. The changes also facilitate development,
redevelopment and upgrades to vacant or existing sites through the provision of an alternate review
procedure for non-residential development within the identified corridor.
J. Character of the district.
Neutral. As noted earlier, these amendments are not limited to a particular “district” but are
uniformly applicable to non-residential projects within the North 19th
K. Peculiar suitability for particular uses.
/W. Oak Street Corridor.
Neutral. See discussion under item J.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The proposed amendments are consistent with the overall policies and goals of the City as
indentified under item A. Any future development reviewed and approved under the Master Site
Plan Review process would have to be in compliance with the underlying use standards of the
underlying zoning district. Any requested use deviations would be required to submit a PUD to the
City Commission.
M. Promotion of Compatible Urban Growth.
Neutral. The proposed amendment does not expand the development area of the City nor are likely
to materially change the growth pattern of the city. By retaining the underlying corridor standards for
evaluation of proposed developmental impacts, the amendments retain all standards that require
growth be compatible with existing uses and needs.
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#Z-12050 UDC Text Amendment Staff Report Page 6 of 6
STAFF FINDINGS/CONCLUSION
Planning Staff has reviewed this application for a Unified Development Code text amendment against
the criteria set forth in statute and reflected in the Unified Development Code. Staff’s analysis finds that
this application satisfies the required criteria. Based on the evaluation of said criteria and findings by
the Planning Staff, staff recommends APPROVAL of the requested amendment.
Pursuant to Sections 76-3-103, 76-3-501, and 76-2-307 Montana Codes Annotated, the Zoning
Commission shall review the Unified Development Code text amendment application to determine if the
proposed amendment meets the requirements of the adopted Growth Policy, state statute, and other
adopted state and local ordinances. The Zoning Commission shall act to recommend approval or denial
of the Unified Development Code text amendment. The recommendations will be forwarded to the
Bozeman City Commission for consideration at its public hearing on June 18, 2012. The City
Commission will make the final decision on the application.
PUBLIC COMMENT
As of the writing of this report, no public comment has been received in response to the public
notification of this proposed text amendment.
In the case of protest against these changes signed by the owners of 25% or more of either of the
area of the lots included in the proposed change; or those lots 150 feet from a lot included in a
proposed change, such amendment may not become effective except upon a favorable vote of two-
thirds of the present and voting members of the City Commission.
ATTACHMENTS
Application Materials
N. 19th Avenue/Oak Street Corridor Master Plan/Map
Draft Ordinance with proposed amendments
Draft Resolution with proposed amendments (for Design Objectives Plan)
Design Review Board Minutes of May 23, 2012
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ORDINANCE NO. 1832
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS
38.19.020.B, 38.20.100 AND 38.34.010.B; TO ALLOW A MASTER SITE PLAN AS AN
ALTERNATIVE TO A PLANNED UNIT DEVELOPMENT FOR NON-RESIDENTIAL DEVELOPMENT
WITHIN THE NORTH 19TH AVENUE/WEST O AK STREET ENTRYWAY CORRIDOR; WHILE
RETAINING ALL OF THE ADOPTED STANDARDS FOR DEVELOPMENT WITHIN SAID CORRIDOR;
AND TO ESTABLISH THAT A MASTER SITE PLAN WITHIN THE NORTH 19TH AVENUE/WEST OAK
STREET ENTRYWAY CORRIDOR MAY NOT INCLUDE MORE THAN TWO (2) DIMENSIONAL
DEVIATIONS UNDER THE 20% CERTIFICATE OF APPROPRIATENESS ALLOWANCES.
WHEREAS, the City of Bozeman has adopted a Unified Development Code which
establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Code text amendment application has
been property submitted, and reviewed, and all necessary public notice was given for all public
hearings; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 5, 2012 to
receive and review all written and oral testimony on the request for a Unified Development Code
text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z- 12050, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that the proposed Unified
Development Code text amendments be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on June 18,
2012 to receive and review all written and oral testimony on the request for a text amendment to
the Unified Development Code; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Code text amendment criteria established by Sections 76-3-102, 76-3-501 and 76-
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2-304, M.C.A., and found the proposed Unified Development Code text amendment to be in
compliance with the purposes of the title as locally adopted in Section 38.01.040, BMC; and
WHEREAS, at its public hearing, the City Commission found that the proposed Unified
Development Code 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
Section 38.19.020.B of the Unified Development Code be amended to read as follows:
B. A master site plan is a generalized development plan that establishes building envelopes
and overall entitlements for complex, large-scale projects that will require multiple years to
reach completion. Use of a master site plan is not required unless necessary to address
phasing of a proposed development (see section 38.19.090.B.3) or if required as part of the
residential emphasis mixed-use district or North 19th Avenue/West Oak Street entryway
corridors. A master site plan involves one or more of the following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. Fifty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. Multiple buildings located on multiple contiguous lots and/or contiguous city blocks;
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than 200 vehicles.
Section 2
Section 38.20.100 of the Unified Development Code be amended to read as follows:
A. Intent and purpose. It is the intent and purpose of this section to establish the planned unit
development (PUD) and/or master site plan review procedures as a method to guide future
growth and development within the area of the North 19th Avenue/West Oak Street
Corridor Master Plan. It is further intended to ensure that future growth and development
will occur in accord with the goals and objectives of the North 19th Avenue/West Oak
Street Corridor Master Plan and it successors as a subarea plan to the city growth policy.
B. Application. Planned unit development provisions or master site plan provisions shall apply
to all nonresidential development proposals located in the North 19th Avenue and West
Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th
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Avenue/West Oak Street Corridor Master Plan and on the city's official zoning map as
follows:
1. North 19th Avenue. (Class I and Class II corridor) All nonresidential development
within the North 19th Avenue Entryway Corridor, between Durston Road and the
North 19th Avenue-Interstate 90 Interchange, measured 660 feet from the centerline of
North 19th Avenue, exclusive of the following:
a. Between Durston Road and the south boundary of Covered Wagon Mobile Home
Court, a Class II entryway corridor overlay classification shall be applied to the
east side of North 19th Avenue, measured 330 feet from the centerline of North
19th Avenue.
2. West Oak Street. (Class I and Class II corridor) All nonresidential development within
the West Oak Street Entryway Corridor between North 7th Avenue and Rose Park
shall be applied within such corridor as follows:
a. Between North 7th Avenue and North 19th Avenue, measured 660 feet from the
centerline of West Oak Street; or
b. Between North 19th Avenue and the east boundary of Rose Park, measured 330
feet from the centerline of West Oak Street.
C. It is required that any developments subject to this section comply with all of the specific
development standards of the design objectives plan for North 19th Avenue/West Oak
Street Corridors. Any proposed master site plan may not include more than two (2)
dimensional deviations under Section 38.17.080. Applications which have three (3) or
more deviations shall be submitted as a planned unit development. Residential
developments within this corridor are not required to be developed as a planned unit
development, but do need to comply with the specific development standards of the design
objectives plan for North 19th Avenue/West Oak Street Corridors.
Section 3
Section 38.34.010.B of the Unified Development Code be amended to read as follows:
B. The planning director shall, upon recommendation from the DRC, DRB, ADR or WRB or
other advisory body as may be applicable approve, approve with conditions or deny all
applications subject to this chapter, except, conditional use permits, planned unit
developments and subdivisions, those applications specifically reserved to another approval
authority, or any application involving deviations or variances. For master site plan
applications in the North 19th Avenue/West Oak Street entryway corridors, two (2)
dimensional deviations may be requested under the provisions of Section 38.17.080.
Decisions of the planning director are subject to the appeal provisions of article 35 of this
chapter.
1. Exception. The city commission may, by an affirmative, simple majority, vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the planning director. The vote shall
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occur prior to the action of the planning director.
Section 4
Repealer
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 5
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of
the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and
effect.
Section 6
Severability
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal
Code as a whole.
Section 7
Codification
The provisions of these referenced Sections shall be codified as appropriate in Chapter 38 of the
Bozeman Municipal Code.
Section 8
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the _______ day of _______, 2012.
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____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
FINALLY 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 ____ day
of ________________, 2012. The effective date of this ordinance is __________, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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COMMISSION RESOLUTION NO. 4384
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN DESIGN OBJECTIVES PLAN TO ALLOW
A MASTER SITE PLAN AS AN ALTERNATIVE TO A PLANNED UNIT
DEVELOPMENT FOR NON-RESIDENTIAL DEVELOPMENT WITHIN THE NORTH
19TH AVENUE & OAK STREET CORRIDOR; WHILE RETAINING ALL OF THE
ADOPTED STANDARDS FOR DEVELOPMENT WITHIN SAID CORRIDOR.
WHEREAS, the City of Bozeman adopted its first Design Objectives Plan on March
9, 1992 by means of Commission Resolution 2854; and has amended this plan periodically; and
WHEREAS, the Unified Development Code, adopted on October 3, 2011 by
Ordinance 1816, references the City’s Design Objectives Plan; and
WHEREAS, the passage of time, changed policy direction, and amended Unified
Development Code regulations in regards to provisions for Master Site Plans, allow for an
update to the Design Objectives Plan; and
WHEREAS, Ordinance No. 1832 amended the Unified Development Code to allow a
Master Site Plan as an alternative to a Planned Unit Development within the North 19th
Avenue/West Oak Street Entryway Corridor; and
WHEREAS, the City of Bozeman Zoning Commission made a favorable_
recommendation to the City Commission on the adoption of the amendment to the Design
Objectives Plan on June 5, 2012; and
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WHEREAS, a public hearing on the adoption of the amendment to the Design
Objectives Plan was held on June 18, 2012; and
WHEREAS, ___ objections to adoption of the amended Design Objectives Plan were
raised at the public hearing; and
WHEREAS, the City Commission did vote to adopt the amendment to the Design
Objectives Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the Design Objectives Plan be amended as follows:
Chapter 5. Corridor Specific Design Guidelines, North 19
Section 1
th
G. Specific Development Standards for PUD
Avenue & West Oak Street, G. shall
be amended to read as follows:
or Master Site Plan – N. 19th
Section A. PUD
& Oak Street
or Master Site Plan
Approval of a development proposal located in the North 19
Review Procedures.
th Avenue or West Oak Street
entryway corridor shall be subject to the planned unit development review procedures and shall
consist of the three procedural steps as required by Section 18.36.040, 38.20.040 BMC, pre-
application review, preliminary plan review and final plan review.
Approval of a development proposal is also permitted under the Master Site Plan provisions of
Section 38.19.020.B, BMC. Any proposed master site plan may not include more than two (2)
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dimensional deviations under Section 38.17.080 BMC. Applications which have three (3) or
more deviations shall be submitted as a planned unit development.
Section B. Developmental Guidelines Submittal Requirements.
Applications for PUD or Master Site Plan review in accord with this section shall submit
developmental guidelines to the Planning Office as part of the preliminary plan application as
required by Section 18.36.070.D.2 of Title 18, 38.20.070.D.2
1. Architectural Guidelines; building orientation, off-street parking lot orientation, sign
guidelines, lighting, dimensional guidelines, mechanical equipment screening;
BMC, and shall in addition
include the following:
2. Landscape Guidelines; entryway corridor landscape guidelines, streetscape, off-street
parking lot screening, outdoor storage/display areas, perimeter buffering from other land
uses, arterial noise buffering, development entrance, protective covenants;
3. Pedestrian Circulation; between off-street parking lots, between adjacent lots,
coordinated sidewalk system, bicycle circulation, trails/pathways.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ________, 2012 and said
resolution shall be effective upon the effective date of corresponding Ordinance No. 1832
amending the Bozeman Municipal Code.
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___________________________________
SEAN A. BECKER
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Zone Code Amendment #Z-12050
1
RESOLUTION #Z-12050
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF ZONE CODE AMENDMENT APPLICATION #Z-
12050 TO AMEND THE CITY OF BOZEMAN UNIFIED DEVELOPMENT CODE AND
DESIGN OBJECTIVES PLAN TO ALLOW A MASTER SITE PLAN AS AN
ALTERNATIVE TO A PLANNED UNIT DEVELOPMENT FOR NON-RESIDENTIAL
DEVELOPMENT WTHIN THE NORTH 19TH AVENUE/WEST OAK STREET
ENTRYWAY CORRIDOR.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
regulations if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning regulation
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 36 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning text amendments; and
WHEREAS, Cape France Enterprises and Kevin Cook applied for a Unified
Development Code text amendment, pursuant to Chapter 38, Article 36 of the Bozeman Unified
Development Code, to allow a Master Site Plan as an alternative to a Planned Unit Development
for non-residential development within the North 19th Avenue/West Oak Street Entryway
Corridor; and
WHEREAS, the proposed text amendment request and draft Ordinance and Resolution
has been properly submitted, reviewed and advertised in accordance with the procedures set forth
in Chapter 38, Article 36 of the Bozeman Unified Development Code and Title 76, Chapter 2,
Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on June 5,
2012, to formally receive and review all written and oral testimony on the proposed
amendments; and
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Zone Code Amendment #Z-12050
2
WHEREAS, no public comment was received and no public comment was expressed at
the public hearing; and
WHEREAS, the Zoning Commission discussed the offered comments and Staff’s review
of the proposed amendments; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed
amendments complied with the review criteria;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 4-0 vote, officially recommends to the Bozeman City Commission approval of
the recommended amendments in draft Ordinance 1832; and
BE IT FURTHER RESOLVED that the City of Bozeman Zoning Commission, on a 4-0
vote, officially recommends to the Bozeman City Commission approval of the recommended
amendments in draft Resolution 4384.
DATED THIS DAY OF , 2012, Resolution #Z-12050
_____________________________ ____________________________
Doug Riley, Associate Planner Erik Garberg, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, JUNE 5, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pro Tem Garberg called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall
Trever McSpadden
David Peck
Erik Garberg
City Commission Liaison:
Members Absent:
Nathan Minnick
Staff Present:
Tim McHarg, Planning Director
Doug Riley, Associate Planner
Tara Hastie, Recording Secretary
Guests Present:
Kevin Cook
Don Cape, Jr.
ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the
Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no general public comment forthcoming, Chairperson Pro Tem Garberg closed
this portion of the meeting.
ITEM 3. MINUTES OF MAY 15, 2012
MOTION: Mr. Peck moved, Mr. Wall seconded, to approve the minutes of May 15, 2012 as
presented . The motion carried 4-0. Those voting aye being Chairperson Pro Tem Garberg , Mr.
Peck, Mr. McSpadden, and Mr. Wall . Those voting nay being none.
ITEM 4. ELECTION OF OFFICERS
MOTION: Mr. McSpadden moved to nominate Mr. Garberg as Chairperson, Mr. Peck
seconded. Mr. Garberg accepted the nomination. The motion carried 4-0. Those voting aye
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being Chairperson Pro Tem Garberg, Mr. Peck, Mr. McSpadden, and Mr. Wall. Those voting
nay being none.
MOTION: Mr. Garberg moved to nominate Mr. Wall as Vice Chairperson, Mr. Peck seconded.
Mr. Wall accepted the nomination. The motion carried 4-0. Those voting aye being
Chairperson Pro Tem Garberg, Mr. Peck, Mr. McSpadden, and Mr. Wall. Those voting nay
being none.
ITEM 5. PROJECT REVIEW
1. Zone Code Amendment Application #Z-12050 – (North 19th Ave./West Oak Street PUD/
Master Site Plan) A Zone Code Amendment requested by Cape France Enterprises, 2020
Charlotte St., Bozeman, MT 59718, and Kevin Cook, 1276 N. 15th Ave., Ste. 103, Bozeman,
MT 59715, requesting to amend the Bozeman Municipal Code/Unified Development Code
and Design Objectives Plan to allow a Master Site Plan as an alternative to a Planned Unit
Development for non-residential development within the North 19th Avenue/West Oak Street
Entryway Corridor. (Riley)
Associate Planner Doug Riley presented the Staff Report noting Staff had drafted the resolution
and the ordinance text amendments for review by the Zoning Commission. He noted there had
been an amendment adopted approximately a year ago that indicated the method by which a
Master Site Plan would be reviewed and what allowanc es could be made with regard to phasing
of the development of property. He stated the key to the current amendment would allow the
Master Site Plan as an alternative to the PUD. He stated non-residential projects within the N.
19th Avenue and West Oak St reet Entryway Corridors would be affected by the amendment and
directed the Zoning Commission members to a map of the affected area. He stated the proposed
amendment was supported by the N. 19th Ave./West Oak Street master plan language as well. He
stated Staff had proposed a provision to allow two dimensional deviations as part of the Master
Site Plan Application. He noted the amendment was also supported by the goals and objectives
contained within the Growth Policy and the Economic Development Plan. He stated the project
had been publicly noticed and had already been reviewed by the Development Review
Committee and the Design Review Board. He stated he had included previous recommendations
as well as the review criteria. He noted no public comment h ad been received to date. He noted
Staff as well as the DRC and DRB had forwarded recommendations of approval to the City
Commission. He stated he would be happy to answer any questions.
Vice Chairperson Wall thanked Planner Riley for his Staff Report. He asked if an administrative
decision was made, would a project still be required to be reviewed by DRB. Planner Riley
responded that most would likely still trigger DRB review but there could be isolated instances
where their review would not be required.
Chairperson Garberg asked if the development occurred in phases would the approval be valid
for a 25 year period. Planning Director McHarg responded that extensions would be granted
with relation to future phases and each phase would have its own entitlements. Planner Riley
added that the Development Review Committee would review all extension requests and forward
a recommendation to the Planning Director.
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Don Cape Jr., 2020 Charlotte Street, stated he was the owner of several properties along North
19th Avenue. He stated in the past there had been three or four landowners that owned sizeable
pieces of land and at that point in time the PUD was probably appropriate to facilitate the
development of the area. He stated now that the ordinance requirements were so detailed, PUD’s
that would take years to develop would require repeated reviews and application processes and
become cumbersome given the length of time development would take and the number of times
the approval would need to be revisited or amended. He stated they were living up to the
standards as outlined in the PUD/Corridor requirements but would like the greater flexibility of
the Master Plan process. He thanked the Zoning Commission for their and Planning Director
McHarg’s efforts in attaining a quorum for the meeting.
Kevin Cook, 1276 N. 15th Ave, Ste. 103, stated the major concern was the timing as going before
the City Commission was a time consuming process. He stated the amendment would allow
projects to go through sooner and would lessen the length of time in the review process. He
stated that even a slight modification to a PUD would have to be reviewed by the City
Commission and suggested that the Master Site Plan process would allow a lesser review time
and more flexibility in development.
Chairperson Garberg opened the item for public comment. Seeing none forthcoming, he closed
the public comment portion of the meeting.
MOTION: Vice Chairperson Wall moved, Mr. Peck seconded, that having heard and
considered public comment, the Zoning Commission hereby adopt s the findings presented in the
staff report and moves to forward a recommend ation of approval of the text amendments to
Chapter 38 as included in the draft Ordinance as requested in application Z -12050.
Mr. McSpadden stated he loved the idea of a Master Site Plan in lieu of a Planned Unit
Development and suggested it would be a policy shift. He asked if Staff had discussed
formalization of the process with regard to the requirements of the Site Plan checklist items that
would not be applicable to a Master Site Plan Application. He suggested revisiting the checklist
items to remove those items that were not applicable. Planning Director McHarg responded Staff
used their discretion with regard to the items necessary for review and agreed it would make
sense to create a distinct Master Site Plan checklist. Mr. McSpadden stated he was a fan of the
proposed change and suggested it would be an opportunity to effectively streamline the process
using the checklist as a starting point. Planning Director McHarg responded that as Staff
administered the Master Site Plan process, items would be identified to amend the submittal
requirements of the code for individual applications.
Vice Chairperson Wall stated he liked the direction the proposal was going and that it was
enabled by the fact that a project had to meet certain criteria before it could be placed into the
Master Site Plan classification. He added he liked the flexibility of the Master Site Plan process.
He stated he was a fan of making things more streamlined and added his only concern was the
amount of discretion and subjectivity from Staff. He stated he was supportive of the proposal as
presented.
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The motion carried 4-0. Those voting aye being Chairperson Pro T em Garberg , Mr. Peck, Mr.
McSpadden, and Vice Chairperson Wall . Those voting nay being none.
MOTION: Vice Chairperson Wall moved, Mr. McSpadden seconded, that having heard and
considered public comment, the Zoning Commission hereby adopts the findings presented in the
staff report and moves to recommend approval of the text amendments to the Design Objectives
Plan as included in the draft Resolution as requested in application Z -12050.
Chairperson Garberg stated he found the application to be in keeping with the review criteria as
outlined in the UDC and added he was supportive of the direction in which the process was
going.
Vice Chairperson Wall asked which safeguards there were to ensure that once a Master Site Plan
was approved that certain things could not be accommodated on the site; would the review
process default to a PUD or other type of review process. Planning Director McHarg responded
the applicant would have to specifically request whichever type of relief they were seeking
whether it w as through the PUD process, Variance procedure, etc. Vice Chairperson Wall
responded that it would come down to a Planning Director decision. He noted a number of
applicants had asked for exceptions to the approved site layout and design guidelines. Planning
Director McHarg responded the review authority could impose further conditions to forward a
recommendation of approval, or could forward a recommendation of denial that the Planning
Director would take into consideration. He added Planning Director decisions were appealable
to the City Commission.
Planner Riley added that the code included the City Commission’s ability to always reclaim a
project for their review.
Mr. McSpadden added the discussion was of elemental components for approval of a proj ect that
was intended to provide flexibility to the developer. He stated the approval documents would
run with the underlying larger project. He stated his concern was that those items should be
included in the Master Site Plan process so there was a prescribed underlying use. Planning
Director McHarg responded the members were discussion two separate layers of review for a
Master Site Plan Application and the overall plan would be vaguer than individual site plans
within the development. Mr. McSpadden stated his concern was consistency with regard to
review of individual sites and that the Master Site Plan would be too vague. Planning Director
McHarg responded that a huge scope of the Design Objectives Plan was addressing the
individual neighborhoods/corridors as well as the site plans for specific sites and it would be
beholden on Staff to make a finding of compliance with those guidelines; one of the major policy
decisions was to provide more opportunity for administrative decisions.
Vice Chairperson Wall stated what he really liked about it was that the applicant could decide on
a Master Site Plan instead of a PUD in the interest of time, but it would be necessary for them to
meet the requirements of the code instead of asking for exceptions through a PUD. He stated he
was comfortable with deferring to the discretion of Staff and he thought it was great that they
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were giving the applicant a choice. Planning Director McHarg responded that it was also
incentivizing the applicant to comply with the City’s adopted requirements.
The motion carried 4-0. Those voting aye being Chairperson Pro Tem Garberg, Mr. Peck, Mr.
McSpadden, and Vice Chairperson Wall. Those voting nay being none.
ITEM 6. NEW BUSINESS
No items were forthcoming.
I TEM 7. ADJOURNMENT
The Zoning Commission meeting was adjourned at 6:57 p.m.
Erik Garberg, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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