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HomeMy WebLinkAboutProvisional Adoption of Ordinance 1877, amending 38.11 Urban Mixed use Zoning District, Z-13164 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1877 amending Article 38.11, Urban Mixed Use zoning district in accordance with the decision of the City Commission on October 28, 2013. Application Z-13164. MEETING DATE: November 18, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisional adoption of Ordinance 1877 in accordance with the prior City Commission action and direction to staff on October 28, 2013. RECOMMENDED MOTION: I provisionally adopt Ordinance 1877 amending Article 38.11, Urban Mixed Use zoning district in accordance with the decision of the City Commission on October 28, 2013. BACKGROUND: This application was received on July 3, 2013. Revised application materials modifying the proposed amendments were received on September 16, 2013. The Zoning Commission considered the application on Tuesday, October 1, 2013. A public hearing by the City Commission was held on Monday, October 28, 2013. The City Commission granted partial approval to the amendment and directed the preparation of an implementing ordinance. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None identified at this time. Report compiled on: November 5, 2013 Attachments: Ordinance 1877 78 Ordinance 1874 Page 1 of 5 ORDINANCE NO. 1877 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND ARTICLE 38.11 URBAN MIXED USE ZONING DISTRICT TO REVISE DEVELOPMENT STANDARDS WITHIN THE DISTRICT WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, The public is benefited by periodic evaluation of the relationship between adopted zoning standards and the purposes for which they were adopted in relation to the circumstances existing in the community; and WHEREAS, A public hearing was held on October 1, 2013 by the Zoning Commission and a second public hearing was held on October 28, 2013 by the City Commission; and WHEREAS, The City Commission has after considering the relevant legislative criteria determined that revisions to Article 38.11 will result in a superior set of standards to encourage the appropriate development of land within the Urban Mixed Use zoning district; NOW THERFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA : Section 1 That the Bozeman Municipal Code be amended by amending Section 38.11.020.D.4 and D.5 to read as follows with all other elements remaining unchanged: 4. The ground level gross building area shall be at least 75 percent nonresidential in use. Structured parking is classified as a non-residential use. Structured parking at the ground level shall include liner buildings of usable proportions along at least 40 percent of the building facades facing a street or greenway. 5. Residential uses shall be provided in all mixed-use developments, and shall occupy not less than 20 percent of the total gross building floor area of the district. One residential dwelling unit shall be provided for each 10,000 sq ft of non-residential gross building area. The residential 79 Ordinance 1874 Page 2 of 5 units may be provided as part of the last elements of a phase in a multi-phased development. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.11.030.D to read as follows: D. All development Each buildable lot shall provide a minimum floor area ratio of not less than 0.75 0.50. “Floor area ratio” is the ratio attained by dividing the gross square feet of building by gross land area of the lot 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. Section 3 That the Bozeman Municipal Code be amended by revising Section 38.11.050 to read as follows: A. 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. B. Maximum setback. Buildings shall be oriented to the adjacent street. At least 50 percent of the total building frontage, which is oriented to the street, shall be placed within ten feet of any minimum required separation from the property line. C. Special yard requirements. All yards shall be subject to the provisions of sections 38.17.060, Design Criteria and Development Standards in Entryway Corridors, 38.21.060, Yard and Height Encroachments, Limitations and Exceptions, 38.23.100, Watercourse Setback, 38.24.100, Street Vision Triangle, and 38.26.100, General Maintenance, when applicable. Section 4 That the Bozeman Municipal Code be amended by revising Section 38.11.060.A to read as follows: A. Minimum building height is three stories and 32 22 feet. Buildings within a development or each phase of a multi-phased development shall have varying heights achieved through the use of multiple stories. To comply with this standard the space being claimed as a story must be capable of being occupied for human use and have a floor area of not less than 50 percent of the ground level story. Section 5 That the Bozeman Municipal Code be amended by revising Section 38.11.060.C to read as follows: C. Maximum building height may be increased by up to but not more than an additional 25 feet when structured parking is provided per section 38.11.070.E.2, and when determined to be in compliance with the review criteria of section 38.19.090 38.19.100. Section 6 80 Ordinance 1874 Page 3 of 5 That the Bozeman Municipal Code be amended by revising Section 38.11.070.F.4, to read as follows: 4. Street-level openings on parking structures shall be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets shall have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. Parking areas may not be used to meet the frontage requirement of section 38.11.050.B. Section 7 That the Bozeman Municipal Code be amended to create a new Section 38.11.070.F.6, to read as follows: 6. Buildings shall be oriented to the adjacent public or private street. Section 8 That the Bozeman Municipal Code be amended by revising Section 38.11.070.F.4, to read as follows: A. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section shall give direction in the development of park plans and the application of the standards of article 27 of this chapter. The parkland dedication requirements of article 38.27, BMC may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.27.030 and 38.27.100 to satisfy the requirements of paragraph 38.27.020.A, BMC. The requirements of this section shall prevail if these standards conflict with the application of the standards of article 27 of this chapter. 1. Public spaces shall be designed to facilitate at least three distinct types of the following 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 article 27 of this chapter 1 2. 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. Section 9 81 Ordinance 1874 Page 4 of 5 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 10 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. Section 11 Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 12 Codification. Sections 1 through 8 of this ordinance shall be codified as appropriate in Chapter 38 Article 11, Bozeman Municipal Code. Section 13 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 82 Ordinance 1874 Page 5 of 5 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the 18th day of November, 2013. ____________________________ SEAN A. BECKER Mayor ATTEST: ___________________________ STACY ULMEN, CMC City Clerk 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 ___, 2013. _____________________________ SEAN A. BECKER Mayor ATTEST: ____________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________ GREG SULLIVAN City Attorney 83