HomeMy WebLinkAboutOrdinance 13- 1877 Amending Article 38.11 Urban Mixed Use Zoning E M Cl t
ORDINANCE NO. 1.877
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 3 8.11.020.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 ro ortions along at least 40 percent of the-building
facades facing a street or sre enway.
5.
. One residential dwelling unit
than 20 per-eent of the tatal gross shall be-provided for each 10.000 sq ft of non-residential gross building area. The residential
Ordinance 1877_
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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 de:velepmenl Each buildable lot shall provide a minimum floor area ratio of not less than 0-45
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 selbaek. Biiildings shall be efien4ed to the adjaeet:A street. At least 50 pefeen4 af the teta4
biiilding frontage, whieh is oriented to the street, shall be plaeed wilhin leii feet of ffn�, Minimum
feqttifed sepa-fatieii f4em the pr-epei4y liae.
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 ihiFee stefies aiid 32 22 feet. Buildings within a development or each
phase of a multi-phased development shall have vMing.heights achieved through the Use Of multi le
stories. To eE)ffipb,vAlh�his standard the spaee being elaimed as a story mtis!be eapable of b
eee" I—rian use and have a floor area of not less thaa 50 per-eef4 ef the gfeidnd level steff.
Section 5
That the Bozeman Municipal Code be amended by revising Section 38.11.060.0 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
Ordhiance 187
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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. Pafking areas may not be used te meet the ffapAage r-equifement-of
seetion 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 39.27, 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 M of the options of sections 38.27.030 and
3 8.27.100 to satisfy the requirements of paragraph 38.27.020..E BMC. The requirements of this section
shall prevail if these standards conflict with the application of the standards of article 27 of this cha pter.
1. Public spaces shall be designed to racilitate at least three distinct types of the following types
of activities to encourage consistent human presence and activity. The requiremenis of th.is
—H s4a4l gi,,�e dir-eelieff iii the development of park plans eRd!he applicatioii efthe stand
ofaAiele 27 ef this ehaptef
4 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 I 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 18th day of November, 2013.
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SEAN A. BECKER
Mayor
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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 2nd day of December,
2013,
SEAN A. BECKER
Mayor
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APP OV TO FORM:
RIW SUL IIV
City Attorney
Ordinance 1.87
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