HomeMy WebLinkAboutFinally Adopt Ordinance 1877, amending 38.11 Urban Mixed Use Zoning District, Z13164
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Final 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: December 2, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance 1877 in accordance with the prior City Commission action and direction to staff on October 28, 2013.
RECOMMENDED MOTION: I finally 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.
Provisional adoption of Ordinance 1877 occurred on November 18, 2013.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None identified at this time. Report compiled on: November 6, 2013
Attachments: Ordinance 1877
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Ordinance 1874
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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
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Ordinance 1874
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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
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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
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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.
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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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