HomeMy WebLinkAboutJuly 9, 2012_Finally adopt Ordinance No_ 1832 amending the text_6.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12050 – Second Reading and Final Adoption
of 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.
MEETING DATE: July 9, 2012
AGENDA ITEM TYPE: Consent (Legislative Item)
RECOMMENDATION: Finally adopt 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.
BACKGROUND: The City Commission granted provisional adoption to Ordinance 1832 on
June 18, 2012 after conducting a public hearing and considering the facts and applicable review
criteria.
Key principles of the amendment:
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
93
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.
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 an amendment allows evaluation of ideas and refinement of specific text.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: The City Commission could decline to approve the ordinance or could
propose alternative text.
FISCAL EFFECTS: This Zone Code Amendment and Ordinance does not have a direct
expense to the City.
Attachments: Ordinance1832
Report compiled on: June 28, 2012
94
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 OAK 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-
95
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 5 to 0, 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
96
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
97
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 18th day of June, 2012.
98
____________________________________
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
99