HomeMy WebLinkAboutProvisional adoption of Ordinance 1874, Manufacturing, artisan, establish Manufacturing, light
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Provisional adoption of Ordinance 1874, a text amendment to define “Manufacturing, artisan” and assign the newly defined use to various zoning districts and establish Manufacturing, light as a conditional use
in the B-3 district. Applicable throughout all areas designated as B-1,
B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU on the City of
Bozeman zoning map. File number Z13220.
MEETING DATE: November 4, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisional adoption of Ordinance 1874
RECOMMENDED MOTION: “Having reviewed the text of the ordinance, the application
materials, and considered public comment, I hereby adopt the findings presented in the staff report for application Z-13220 and move to provisionally adopt Ordinance 1874.”
Staff report page references: findings criteria, page 2;
BACKGROUND: The City initially adopted zoning in 1934. To prevent harm uses were
separated into different districts. At that time industrial uses, including manufacturing, were
placed in the Industrial district. The type, scale, and character of manufacturing has changed over time. The regulatory standards available to the City to address and mitigate impacts from manufacturing uses have increased over time. The City’s current zoning standards have two very
broad definitions of manufacturing. Some form of manufacturing is allowed in seven zoning
districts presently.
The present application creates a new definition for Manufacturing, artisan. The new definition limits the scale and intensity of use to very low impact. The proposed new use is assigned to a principal use to nine zoning districts: B-1, B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU.
The application also assigns manufacturing, light as a conditional use to the B-3 district.
UNRESOLVED ISSUES: Does the Commission find the definition and assignment of use to
districts appropriate.
ALTERNATIVES:
1) Approve the zone text amendment as recommended by staff and the Zoning
Commission.
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2) Approve the text amendment with revisions.
3) Deny the text amendment.
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Ordinance 1874, Zoning Commission Resolution No. 13220, November 5, 2013 Zoning Commission Meeting Minutes.
Report compiled on: November 7, 2013
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Z-13220, Staff Report for the Definition of Artisan Manufacturing Municipal
Code Amendment
Date: City Commission public hearing November 18, 2013
Project Description: Ordinance 1874, a text amendment to define “Manufacturing, artisan”
and assign the newly defined use to various zoning districts and establish
Manufacturing, light as a conditional use in the B-3 district.
Project Location: Applicable throughout all areas designated as B-1, B-2, B-3, M-1, M-2,
BP, HMU, UMU and REMU on the City of Bozeman zoning map.
Recommendation: Approval
Recommended Motion: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z-13220 and move to
recommend approval of Ordinance 1874.
Report Date: Tuesday, November 12, 2013
Staff Contact: Chris Saunders
TABLE OF CONTENTS
SECTION 1 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 2
SECTION 2 - STAFF ANALYSIS........................................................................................... 2
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 2
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS ............... 7
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND................ 9
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 10
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 10
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Z-13220, Staff Report for the Definition of Manufacturing Municipal Code Amendment
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SECTION 1 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: Definition of Artisan Manufacturing Text Amendment
File: Z-13220
Having considered the criteria established for a municipal code amendment, the Staff
recommends the approval of the text as submitted.
The Zoning Commission held a public hearing on the proposed amendments on November 5,
2013. They unanimously recommended favorably on the proposal as presented.
The City Commission will hold a public hearing on the text of the amendment and
provisional adoption of Ordinance 1874 on November 18, 2013.
SECTION 2 - STAFF ANALYSIS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. Chapter 3 of the Bozeman Community Plan describes seven principles which guide the
land use policies. Neighborhoods and Sense of Place are two of these principles which are
affected by these amendments. The land uses allowed within a neighborhood are part of the
visual character and experience which help people form their sense of place. There are
several goals and objectives which interact with the amendments and these principles.
As described in Appendix B, the review and update for the regulations regarding
manufacturing are appropriate to match regulations to the physical impacts of development
and to provide opportunities for additional economic activity.
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides
public and private basic services and facilities in close proximity to where people live and
work, and minimizes sprawl.
Rationale: A sense of community is strengthened by distinctive areas which
facilitate neighborhood identity. This is strengthened when essential services are
available and encourage informal interactions. Full featured neighborhoods allow
extensive interaction and build identity with a specific part of the community. A
sense of place does not prohibit change or continued evolution of the community.
Objective LU-1.2: Review and revise regulatory standards and City policies to ensure
that develop advances the vision, goals, and objectives of this plan, and sprawl, as
defined in Appendix K, is discouraged.
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Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Objective LU-3.1: Ensure that development and redevelopment of this area, including the
adaptive reuse of historic buildings, is done in a manner which enhances, and is
compatible with, the current community fabric.
Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield
sites to provide employment and housing which will help to maintain the vibrancy and
vitality of the Historic Core area.
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center.
Rationale: Economic vitality supports the social and cultural fabric of the
community and provides for physical needs of the citizens.
Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small
businesses, ‘green’ businesses, and e-businesses.
Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous,
and diverse economy.
Rationale: A lack of balance in economic policy can lead to loss of community
viability by sacrificing high long term value community assets for short term,
“quick fix” benefits. It is important to recognize the economic importance of the
social, cultural, and natural assets of Bozeman.
Objective ED-2.4: Foster a diverse economy that will protect the economic climate for
existing businesses and maintain opportunities for business expansion.
Bozeman’s Economic Values:
• Strengthen and further diversify the local economy
• Increase economic activity
• Create higher paying jobs
• Create high quality employment in Bozeman to match the high quality of life
• Support our homegrown business community
(Source: Bozeman Economic Development Plan)
“Support the continued economic vitality of the Downtown Bozeman business district,
which is broadly recognized as one of Bozeman’s strongest assets. Continue to support
and promote Downtown Bozeman as the economic and cultural center of the region, and
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encourage development and re-development through the use of incentives for future
investment and development.” -- Bozeman’s Economic Development Plan as quoted in
the Downtown Bozeman Improvement Plan.
Refinement of the regulations regarding manufacturing to create a new artisan manufacturing
category will allow the City’s regulations to better comply with these goals and objectives
by:
A. Matching levels of reasonably foreseeable impact to regulatory limits;
B. Facilitating opportunities for startup business by expanding the range of locations
within the community where manufacturing may locate;
C. Facilitate redevelopment and adaptive reuse of existing buildings;
D. Enhance a sense of place by providing for more distinctive local businesses to locate
in proximity to residents with the artisan manufacturing category.
E. Expand opportunities for creation or expansion of manufacturing businesses which
tend to have better than average wages.
F. Add opportunities for businesses which are good candidates to transform alleys as
described in the Downtown Bozeman Improvement Plan.
B. The effect on motorized and non-motorized transportation systems.
Yes. The proposed amendments address land uses. No changes to transportation standards
are proposed. Review of proposed uses will follow existing procedures. Manufacturing can
be an intensive transportation user. Restraining the size of the artisan manufacturing use will
help to ensure that the use will not create congestion or similar impacts on adjacent users.
C. Secure safety from fire, panic, and other dangers.
Yes. The proposed amendments recognize the breadth of tools available to the City in
identifying and mitigating risk from land use and development. There are separations in the
definitions of manufacturing to distinguish between uses with lower and higher levels of
hazard and impact. Those with higher levels of hazard are separated to appropriate districts
while those with lower levels of hazard are given greater scope of location opportunities.
D. Promote public health, public safety, and general welfare.
Yes. See Criterion C. The proposed amendments do not change the requirements for
provision of water or sewer systems, provision of emergency response capability, or similar
existing standards. Any activity defined as manufacturing which affects foods or beverages
for on-site or off-site consumption will still be subject to the regulations of the state and local
governments for food safety; including appropriate periodic inspection and licensing as
needed.
E. Reasonable provision of adequate light and air.
Neutral. The amendments do not affect this criterion.
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F. Prevention of overcrowding of land.
Neutral. These amendments do not affect density or intensity of use, setbacks, parking
requirements or other standards which may affect this criterion.
G. Avoiding undue concentration of population.
Neutral. The proposed amendments do not address residential issues. Nor do they address
allowed intensity of non-residential users within the defined districts.
H. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements.
Neutral. The amendments do not alter the requirements for mitigation of infrastructure
impacts. The site plan, conditional use, or subdivision review procedures remain as presently
constituted and are adequate to analyze and mitigate demands for services.
I. Conserving the value of buildings.
Yes. The proposed amendments make it easier to keep economically viable activities in place
or to provide new opportunities within existing buildings. The building codes adopted by the
City will ensure that needed safety features are included with any manufacturing use within a
building which will prevent fire or other manufacturing related hazards from being a
detriment. The size restriction and requirement for negligible negative impact which are part
of the definition of artisan manufacturing will protect existing buildings and users.
J. Character of the district.
Yes. The amendments apply to the B-1, B-2, B-3, M-1, M-2, BP, HMU, UMU and REMU
zoning districts. These amendments are carefully constructed to allow the character of the
district to be preserved. The industrial and mixed use districts already allow more intensive
manufacturing uses. Adding artisan manufacturing does not alter their character.
In the commercial districts, the limitations of the artisan manufacturing definition reduce
potential impacts and thereby allow the addition of a new use to the underlying district with
minimal change. For example, in the case of the B-3 district there are existing small
manufacturing uses such as those at Carter’s Boots which have operated successfully for
many years without causing problems. That building is about 2,100 square feet at the ground
floor. The manufacturing use is blended with other uses such as retail. Other larger examples
are the former Artcraft and current Alpha Graphics printers.
In the B-1 district there is an existing limitation of 5,000 square feet of ground floor area for
buildings. The limitation of 3,500 square feet in the artisan manufacturing use will act to
either restrain the size of any new building to even a lesser size with less potential impact or
will cause artisan manufacturing to be a fractional part of development which will dilute
potential impacts. The B-2 and B-3 districts do not directly restrict the size of buildings in the
same manner as the B-1 district standard does.
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The Residential Emphasis Mixed Use (REMU) district includes several restrictions on the
maximum building size for specific uses. Examples are for restaurants and hotels. This is
established in Section 38.09.020. Several of the use types are limited to a 5,000 square foot
building. An artisan manufacturing use could use a portion of a size limited building or could
be paired with another allowed use to use the entire building. For example, an artist could
have a studio and sale gallery or a beer brewery could be combined with a restaurant. The
total area could be up to 5,000 square feet so long as the manufacturing related area is less
than 3,500 square feet.
Artisan manufacturing can be readily paired with other allowed uses within a district to
support an overall business. For example, the Bridger Brewing Company was approved in
2012 in the B-1 district. They make beer on-site for sale and consumption both on-site and
for sale to be consumed elsewhere. This is paired with a restaurant use at the same site. The
brewing area which would meet the definition of artisan manufacturing is approximately 740
square feet or 13% of the total business area. Staff has fielded several inquiries in the past
few years from persons wanting to establish businesses like handbag manufacturing and
retail shops within the B-3. This kind of combination will be easier to approve if the
amendments are approved.
The allowance for manufacturing, light as a conditional use outside of the core area of the B-
3 district is also consistent with the character of the district. There are existing manufacturing
uses within the B-3 district. Along Mendenhall Street are Alpha Graphic printers and Savage
goldsmith and jeweler. Alpha Graphic fits the definition of light manufacturing and Savage
Jewelers would fit the definition of artisan manufacturing as part of a mixed use building.The
additional use will allow manufacturing uses which are larger or do not meet the other
performance standards of artisan manufacturing a place in the B-3. The conditional use
review process will enable the review authority to evaluate potential for negative impacts and
establish mitigation as needed.
K. Peculiar suitability for particular uses.
Neutral. The proposed amendments do not make material changes to the various zoning
districts. The majority of the affected districts already allow a more intensive type of
manufacturing. These districts themselves have previously been found acceptable. The
artisan manufacturing use is a small limited type of manufacturing that has been designed to
have minimal impact on adjacent properties. The current application does not alter the zoning
map. Therefore, evaluation about the suitability of a specific district to a specific site is not
required.
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L. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed amendments do not make material changes to the various zoning districts.
These districts themselves have previously been found acceptable. The current application
does not alter the zoning map.
M. Promotion of Compatible Urban Growth.
Neutral. The proposed amendments do not alter the ability of the City to expand. They do not
change the character of the affected districts in way that would cause them to be a problem to
adjacent areas. The amendments do not affect provision of any municipal services.
APPENDIX A –AFFECTED ZONING AND GROWTH POLICY
PROVISIONS
Zoning Designation and Land Uses:
The definition of Manufacturing is in Section 38.42.1860. The definition of Manufacturing,
Light is in Section 38.42.1870. These two uses are assigned as uses to various commercial
mixed-use and industrial zoning districts in Sections
38.09.020 (Residential Emphasis Mixed Use zoning district),
38.10.020 (Commercial zoning districts),
38.11.020 (Urban Mixed Use zoning district),
38.12.020 (Industrial zoning districts) and
38.14.020 (Northeast Historic Mixed-Use zoning district).
The new definition of Manufacturing, artisan will be assigned to the same zoning districts in
Sections 38.09.020, 38.10.020, 38.11.020, 38.12.020 and 38.14.020, BMC. No use specific
standards are proposed outside of the definition. The addition of Manufacturing, light to the
B-3 district will amend Section 38.10.020.
The intent and purpose of the various zoning districts are provided in Sections 38.09.010,
38.10.010, 38.11.010, 38.12.010 and 38.14.010, BMC. A review of these sections shows no
conflict between the proposed amendments and the purposes of the districts.
Adopted Growth Policy Designation:
The proposed amendment affects the implementing regulations for the Industrial, Business
Park Mixed Use, Community Core, Community Commercial Mixed Use, Regional
Commercial and Services, and Residential Emphasis Mixed Use growth policy designations.
These land use designations are described in Section 3.4 of the Bozeman Community Plan. A
matrix of related zoning districts and land use designations is provided below. The matrix is
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located in Appendix C of the Bozeman Community Plan. The proposed new definition of
Manufacturing, artisan is a small scale light intensity use which is not expected to have any
material impact on the character of any of the land use designations or implementing zoning
districts.
For discussion about conformance of the proposed amendments to the Bozeman Community
plan please see review criterion A.
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
This application proposes to add a new definition of manufacturing, artisan to Article 38.42,
Definitions BMC. The additional refinement to the range of definitions addressing
manufacturing recognizes the changing nature of manufacturing processes and the tools
available to the City to address impacts from manufacturing. The application also adds
manufacturing, light as a conditional use in the B-3 district.
The City first adopted zoning in 1934 by Ordinance 661. That ordinance created seven
zoning districts, including an industrial district. The industrial district was created to
“…provide a District for use for any manufacture, process, or treatment whatsoever and no
such use shall be excluded therefrom which does not create or tend to create a nuisance
and/or an udue hazard to life and/or property…” The industrial district was specifically
named as a use for the lowest uses in the classification system then adopted. Industrial uses
of the 1930’s tended to be loud, often smoky, smelly, or otherwise unpleasant to be close to.
They often could emit pollutants which were unhealthy. This was the justification to separate
them from other uses.
The City addressed these impacts by physically separating the industrial uses, including
manufacturing, from other uses. Since the initial adoption of zoning the City has adopted a
variety of other tools which help prevent, reduce and mitigate negative impacts from land
development. These include building codes to regulate the construction of buildings to ensure
structural soundness, fire resistance, adequate air handling, sound mitigation, and provision
of sanitation. The City has adopted fire codes which often require fire sprinklers,
management of explosive or hazardous materials, access to fire exits, and other mitigation
measures. A storm water control program minimizes surface pollutants and requires capture
and treatment of storm water flows. Municipal water and sewer utilities provide good water
flows for fire suppression, pretreatment for sewer discharges, and cleansing of wastewater.
As the tools of the City have expanded, the nature of manufacturing has also changed. Many
manufacturing uses are now technologically oriented like photonics or are focused on small
scale artisan products like baked good or beverages. These kinds of uses are less likely to
have the off-site impacts that manufacturing had in the past.
The scale of manufacturing has also changed. Bozeman has a strong entrepreneurial culture.
There are many small businesses and business startups in Bozeman. These small businesses
do not have the heavy delivery traffic or storage of materials that large scale businesses do.
These smaller businesses can fit into physical spaces and neighborhood character that would
be inappropriate for larger businesses or businesses with heavy off-site impacts.
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The improvement in management of possible impacts and changes in the nature of
manufacturing makes it appropriate for the City to reevaluate how it defines and regulates
manufacturing.
The City has adopted an Economic Development Plan. One of the goals of that plan is to
encourage expansion of the City’s economic base, including manufacturing. The proposed
amendments advance that goal and the value statement from the plan as shown below.
Bozeman’s Economic Values:
• Strengthen and further diversify the local economy
• Increase economic activity
• Create higher paying jobs
• Create high quality employment in Bozeman to match the high quality of life
• Support our homegrown business community
(Source: Bozeman Economic Development Plan)
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing for a text amendment is provided by publication in the legal advertisement section
of the Bozeman Daily Chronicle on October 20th and November 3rd. Copy of the notice is
also included on the City’s website. Notice was provided at least 15 and not more than 45
days prior to the Zoning Commission and City Commission public hearings.
One public comment was received at the public hearing before the Zoning Commission. The
comment suggested that the artisan manufacturing be connected with on-site retail in the B-3.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development
Report By: Chris Saunders, Policy and Planning Manager
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Ordinance 1874
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ORDINANCE NO. 1874
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO CREATE SECTION 38.42.1865, BOZEMAN MUNICIPAL CODE ESTALBISHING A DEFINITION OF
MANUFACTURING, ARTISAN AND DESIGNATING BY ZONING
DISTRICT THE APPROPRIATE LOCATIONS WHERE MANUFACTURING, LIGHT AND MANUFACTURING, ARTISAN IS AUTHORIZED.
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, The City supports manufacturing due to its high growth potential,
specifically the creation of mid- to high-wage jobs and aiding in the overall
economic diversification of Bozeman and the region; and WHEREAS, Expansion of the locations where manufacturing may occur safely and
with minimal impact to adjacent properties is in the public interest;
NOW THERFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA :
Section 1
Legislative Findings: 1. The nature of manufacturing has changed since the City of Bozeman first adopted zoning regulations and districts in 1934.
2. Overtime, the City has adopted other regulatory standards such as building and fire codes which
overlap with some of the purposes for zoning established in 76-2-304, MCA and 38.01.040,
BMC. Application of those standards avoids or mitigates potential negative impacts which would otherwise justify separation of manufacturing from other uses.
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3. In 2009, the City adopted the Economic Development Plan which encourages the development
and expansion of manufacturing within the community in order to provide mid to high wage jobs and diversity the economy.
4. The City’s experience with many site development reviews for manufacturing uses has shown
that under the proper conditions manufacturing harmoniously coexists with adjoining properties.
5. Smaller scale and lighter intensity manufacturing uses are those which are more likely to avoid
negative impacts to others. 6. Manufacturing may be present on a site in support of another use allowed by a zoning district
and it is reasonable to facilitate business operations by not unduly restricting the locations where
manufacturing may occur.
Section 2
That the Bozeman Municipal Code be amended by creating a new Section 38.42.1865 to read
as follows:
“Section 38.42.1865. Manufacturing, artisan Production of goods by the use of hand tools or small-scale, light mechanical equipment
occurring solely within an enclosed building where such production requires no outdoor operations or
storage, and where the production, operations, and storage of materials related to production occupy no
more than 3,500 square feet of gross floor area. Typical uses have negligible negative impact on
surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.”
Section 3
That the Bozeman Municipal Code be amended by amending Section 38.12.020, Authorized Uses for Industrial Zoning Districts by amending Table 38.12.020 to read as follows with all other uses
remaining unchanged:
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Manufacturing, artisan P P P
Section 4
That the Bozeman Municipal Code be amended by amending Section 38.10.020, Authorized
uses for Commercial Zoning Districts by amending Table 38.10.020 to read as follows with all other uses remaining unchanged:
Table of Commercial Uses Permitted Uses
B-1 B-2 B-3
Manufacturing, artisan P P P
Manufacturing, light - C -C3
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Section 5
That the Bozeman Municipal Code be amended by amending Section 38.09.020, Authorized
Uses for Residential Emphasis Mixed-Use Zoning District by amending Table 38.09.020 to read as
follows with all other uses remaining unchanged:
Table of Uses Maximum
Gross
Building
Area
Authorized
Manufacturing, artisan 5,000 sq
ft
P
Section 6
That the Bozeman Municipal Code be amended by amending Section 38.11.020, Authorized Uses Urban Mixed-Use District by amending Table 38.11.020 to read as follows with all other uses remaining unchanged:
Table of Uses Authorized Uses
Manufacturing, artisan P
Section 7
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 8
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 9
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
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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 10
Codification. Sections 2 through 6 of this ordinance shall be codified as appropriate in Chapter 38, Bozeman Municipal Code.
Section 11
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the ___ day of ___, 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
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Zone Code Amendment #Z-13220
1
RESOLUTION #Z-13220
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION TO RECOMMEND CREATION OF A NEW SECTION 38.42.1865, BOZEMAN MUNICIPAL CODE ESTALBISHING A DEFINITION OF MANUFACTURING, ARTISAN AND DESIGNATING BY ZONING DISTRICT THE APPROPRIATE
LOCATIONS WHERE MANUFACTURING, LIGHT AND MANUFACTURING,
ARTISAN IS AUTHORIZED.
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 Section 2.05.2700 of the Bozeman Municipal Code 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, the City of Bozeman initiated code amendments to modify the municipal
code provisions to create a new use, Manufacturing, Artisan and to assign it to appropriate zoing
districts; and
WHEREAS, the proposed text amendment request and draft Ordinance 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 November 5, 2013, to formally receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, one public comment was at the public hearing; and WHEREAS, the Zoning Commission discussed the offered comments and Staff’s review
of the proposed amendments; and
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Zone Code Amendment #Z-13220
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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 3-0 vote, officially recommends to the Bozeman City Commission approval of the recommended amendments in draft Ordinance 1874.
DATED THIS 5th DAY OF NOVEMBER, 2012, Resolution #Z-13220
_____________________________ ____________________________ Chris Saunders Erik Garberg, Chairperson
Dept. of Community Development City of Bozeman Zoning Commission
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Zoning Commission Minutes – November 5, 2013
ZONING COMMISSION MINUTES TUESDAY, NOVEMBER 5, 2013
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:15 p.m. and took attendance.
Members Present:
Erik Garberg, Chairperson Trever McSpadden
George Thompson
City Commission Liaison:
Carson Taylor
Members Absent: Julien Morice
Guests Present:
Chris Naumann Michael Delaney
Staff Present:
Chris Saunders, City of Bozeman Policy and Planning Manager
Tom Rogers, City of Bozeman Associate Planner ITEM 2. PUBLIC COMMENT None.
ITEM 3. MINUTES OF OCTOBER 15, 2013 Minutes approved unanimously with no changes.
ITEM 4. PROJECT REVIEW
1. Oak Meadows ZMA #Z-13175
A Zone Map Amendment application requested by owner RES-MT Oak Meadows LLC,
709 NW 107th Avenue 4th Floor, Miami FL 33172, applicant Cougar Properties LLC,
3805 Valley Commons Drive #12, Bozeman MT 59718, and representative PC Associates LLC, 26D Shawnee Way, Bozeman MT 59715, to change 5.74 acres from R-4 (Residential High Density District) to B-2 (Community Business District) zoning. The
property is legally described as Lots 1 and 2 and Open Space, Block 5, and Lots 1 and 2
and Open Space 2 in Block 4 and a portion of Park 1 of the Oak Meadows Subdivision, and
portions of North 14th Avenue and North 12th Avenue, as platted in said subdivision in the SW 1/4 Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. (To be
continued to November 19, 2013) (Rogers)
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Associate Planner Rogers stated that the applicant has requested to continue this agenda item to the
regularly scheduled November 19th 2013 zoning commission hearing so the growth policy
amendment can be heard by the Planning Board before we bring it to the Zoning Commission
The public hearing was opened, no members of the public offered comment.
A motion was made and seconded to continue the agenda item ZMA #Z-13175 to the November 19,
2013 meeting. The motion passed unanimously.
2. Manufacturing Definition ZCA # Z-13220
A Zone Code Amendment application requested by applicant and representative City of
Bozeman, P.O. Box 1230, Bozeman, MT 59771, to define manufacturing, artisan and assign the
newly defined use to various zoning districts. City of Bozeman, Gallatin County, Montana.
(Policy and Planning Manager Saunders)
Policy and Planning Manager Saunders stated the proposed amendment is a legislative action
because it is discussing policy rather than applying that policy to a specific site.
This proposed revision has 2 parts; central part is the proposed definition. Currently the city has two definitions to manufacturing a general and light definition which are very broad. This application
proposes a third definition, artisan manufacturing, that would recognize the transition over time
between the nature and scale of manufacturing that Bozeman has been experiencing.
Proposed Revisions: New Section 38.42.1865 Manufacturing artisan-
The city first introduced and adopted a zoning officially in 1934 and there was an industrial district
adopted.
• The nature of artisan manufacturing, hand crafting process itself has shifted to a more
technologically oriented or other activities that have less offsite impacts. The new definition
has a size limit as well as an impact limit and the term of negative impacts on surrounding
properties
• The present definitions were shown and Policy and Planning Manager Saunders stated they
are exceedingly broad and have no limit to the scale of them. So the present definition would
cover a person using an area the size of a desk to many thousands of square feet of building.
• Once a new use is defined it needs to be applied to zoning district. In this application nine zoning districts would receive the new use and it would fit well within these districts.
• Districts that don’t presently have the assignment of manufacturing are B-1 and B-3; where
presently defined manufacturing has been limited due to a potential intensity which would be
out of scale and possibly inconsistent with the nature of those districts. New definition provides a much lighter impact and limited scale so it would properly fit within these various
districts.
The ordinance specifies the type of application review which is applicable and the individual
districts where these are assigned.
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Second piece of this revision: Manufacturing, light is not currently allowed within the B-3 district
and we conclude that it is appropriate within the B-3 district outside of the defined “core” which is between Grand Avenue and Rouse Ave and half block north and south to the alleys. This would
allow this kind of manufacturing use outside of this “core” area (like Alphagraphics would fit this
definition).
As a conditional use we will have opportunity to get public comment and look at proposed impacts to be able to address the scale and intensity if there were such a proposal.
Policy and Planning Manager Saunders reviewed the Text Amendment process:
• Notice of public hearing published in news paper, website, and commission
• Zoning commission advisory to city commission
• City commission November 18, 2013 public hearing
-provision and final adoption will follow if the City Commission acts favorably on the application
Review criteria as outlined in the UDC.
No public comments to date. Will be collected and provided to city as well as the recommendation by the commission.
Chairperson Garberg asked if there were any questions.
Chairperson Garberg had a question of the how the artisan definition is limited at the 3,500 sq. ft. and negligible impact. Would it be better to be more qualitative than quantitative on the 3,500 sq ft,
is it more reasonable to look at scope and scale of neighborhood and negligible negative impacts or
something like that rather than stick to 3,500 sq ft..
Policy and Planning Manager Saunders clarified that the 3,500 sq. ft. is only for uses that qualify as the artisan manufacturing so that collectively you can go over the 3,500 sq. ft but the
manufacturing area of production was within the 3,500 sq. feet.
Mr. Thompson asked re: the conditional use type of issues noise, parking, loading operational
covered elsewhere. Policy and Planning Manager Saunders addressed: that would be part of the review process that
would kick in as part of the conditional use permit which addresses exactly those types of issues.
Mr. Thompson: re: the overlay is it necessary given that we have a couple uses in town that fall under that and we are able to accommodate them and do we need to go through this process at all to
accomplish the light manufacturing artisan?
Policy and Planning Manager Saunders: as it is defined there are varieties of uses that have a
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pinch point where they would fit in the new definition but don’t fit well in the current definitions
which would provide more latitude for those interested in this kind of activity.
Mr. McSpadden: 3,500 gross floor area ; in the REMU the max gross building area of 5,000 feet, do we run into a problem, by having an artisan use, regardless of the square footage it occupies does
it limit a building’s size in the REMU?
Policy and Planning Manager Saunders: The building size in the REMU already exists as that
5,000 sq. ft. limit as well as others that apply to different uses within that district. It’s really unusual as a district in the sense that gets very specific about allowed size for individual uses. The only other
similar district is B-1 that states max 5,000 sq. ft. foot print for all uses. The proposal just
synchronizes in with what they already have in that district.
Mr. McSpadden: 5,000 sq. ft. building limit in REMU regardless of uses? Policy and Planning Manager Saunders: For certain uses, not for all uses.
Mr. McSpadden: In particular case, are you allowed to go up to 5,000 sq. ft. of artisan industrial?
Policy and Planning Manager Saunders: No, you would be able to have a building of up to 5,000
sq. ft. within which you would be able to have up to 3,500 sq. ft. of artisan manufacturing
Chair Garberg opened the public hearing:
Michael Delaney – no address given, he supports the revision. Feels that in addition to 3,500 gross
floor area should contain some mention of retailing component if just manufacturing otherwise it
won’t necessarily bring people in to the district to shop. So some part of the total 3,500 sq foot (1/3-
1/2) should be devoted to the retailing of that product
Seeing no other public comment the public hearing was closed.
Motion: Mr. McSpadden moved: to hereby adopt the findings in the staff report for application Z-
13220 and move to recommend approval of ordinance 1874. Mr. Thompson seconded the motion.
The board discussed the motion including the whether or not it was desirable to have a different size
limit; whether there should be a connection between the manufacturing and other uses; and whether
the B-3 district should be different than other areas.
Policy and Planning Manager Saunders noted that the 3,500 sq. ft. limit was generous and that the artisan manufacturing use can readily be combined with other allowed uses so an overall business is
larger than 3,500 sq. ft. The Commission could recommend that the “core” area of downtown be
treated differently than other areas.
The discussion concluding, a vote was called with the motion passing 3-0.
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ITEM 5. NEW BUSINESS
No New Business
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned.
Erik Garberg, Chairperson
City of Bozeman Zoning Commission Chris Saunders, Policy and Planning Manager
City of Bozeman DCD
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