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Home My WebLink AboutOrdinance 12- 1832 Allow Master Site Plan within North 19th/West Oak Street Entryway Corridor V. tv 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 38.34.010.13; 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 19T" 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- 1 of 5 Ordinance No. 1832 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 ] 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 previsiens 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 2 of 5 Ordinance No. 1832 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 Il 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 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 38.34.010.13 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 19°h 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 3 of 5 Ordinance No. 1832 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. 4of5 Ordinance No. 1832 PROVISIONALLY ADOPTED 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. L71--t2,--, EAN A. BKCkER Mayor ATTEST: 1 w� • �� -?fir ••�^ S LMEN, CMC .� ` ty Cler C `. 53 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 91h day of July, 2012. The effective date of this ordinance is August 8`h, 2012 SEAN A. BECKER Mayor B0 ATTEST: , '`8i. . . , t U . - S V11EN, C1t�I • APPROVED AS TO FORM: G SULLIVAN s City ttorney 5 of 5