Loading...
HomeMy WebLinkAboutE8 Adopt Ordinance 1669 UDO Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: Ordinance No. 1669, UDO Text Amendment Removing Arterial Frontage Requirement for Fuel Sales MEETING DATE: August 7, 2006 BACKGROUND: On May 15, 2006, the Commission held a public hearing on the request to amend the Unified Development Ordinance pertaining to automobile fuel sales. Specifically, a request was submitted to eliminate the requirement that at least one frontage for a service station be on a major arterial street. After reviewing and considering the text amendment criteria, and the public testimony, the Commission voted 5-0 to approve the amendment. The text of the Unified Development Ordinance can only be amended by another ordinance. The Commission provisionally adopted Ordinance No. 1669 on July 24 to effect such amendment. It is now ready for final adoption. RECOMMENDATION: Finally adopt Ordinance No. 1669. Respectfully submitted, _________________________________ ____________________________ Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager ORDINANCE NO. 1669 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO REVISE SECTION 18.40.060. WHEREAS, the proposed Unified Development Ordinance text amendment application to revise Section 18.40.060 has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on May 2, 2006 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, upon a vote of 3-1 the Bozeman Zoning Commission recommended to the Bozeman City Commission that the Unified Development Ordinance text amendment be denied; and WHEREAS, after proper notice, the City Commission held it’s public hearing on May 15, 2006, to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, the City Commission has reviewed and considered the twelve Unified Development Ordinance text amendment criteria established in Section 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment to be in compliance with the twelve criteria; and WHEREAS, at its public hearing held on May 15, 2006, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 18.40.060 of the Bozeman Unified Development Ordinance be amended, and that the newly revised Section 18.40.060 shall read as follows: “18.40.060 Automobile Repair and/or Fuel Sales In addition to the requirements to be followed for all convenience uses as defined in this title, and provided in § 18.40.100 of this chapter, the following requirements shall apply to all service station and automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee approval by the City: A. At least one frontage is to be on a major arterial street as designated in the Bozeman growth policy; - 2 - BA. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear property line. Design of the canopy shall architecturally match the design of the main building. All canopies shall be connected to the roof of the main structure unless otherwise approved. All lighting shall meet the lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52; CB. All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building; DC. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed seven days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots; ED. All lighting shall be attached to the main structure unless otherwise specifically approved; FE. All structures approved under these standards shall be of a design character that is appropriate to the area in which they are to be constructed. Color renderings of buildings shall accompany each application and construction shall be in conformity thereto. Architectural detailing shall be consistent on all four sides of the building; GF. All restroom entrances shall be screened from view of adjacent properties or street rights of-way by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to the building; HG. No outside storage of, and no sale, lease, or rental of trailers, trucks, or similar equipment shall be permitted except as may be specifically allowed in that zone; IH. Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and - 3 - JI. Automotive Repair Facilities 1. All repairs or painting shall be performed within a building; 2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities, or auto parts to any street or residential district; and 3. Any facility shall be designed to contain and minimize noise and odors.” Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on the first reading at a regular session thereof held on the 24 day of July, 2006 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 ___, 20__. - 4 - _________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney