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Home My WebLink AboutH1 Z-06208.RMH.Interim.Ord.1672.CCpacket.9-11-2006.ccs Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Z-06208, Interim RMH zoning ordinance MEETING DATE: Monday, September 11, 2006 BACKGROUND: An interim zoning ordinance is intended to provide time for reasoned consideration and study of a zoning proposal. It does this by, for a limited time, prohibiting uses expected to be in conflict with the matter under consideration. An interim ordinance may be adopted by a simple majority of the Commission for an initial period of six months. Any extension requires a favorable vote of a two-thirds majority, or four of five Commissioners. The proposed interim ordinance modifies the allowed uses in the RMH, Residential Manufactured Home Community District. The changes affect 3 of the 17 principal and conditional uses allowed in the district. Ten accessory uses are unaffected. One use, single- household residential, is stricken; and two uses, recreational vehicle parks and community centers, are changed from principal to conditional uses. The proposed ordinance does not affect the ability of the owner of a manufactured home community to select tenants, require upkeep and improvements to manufactured homes, or otherwise operate or close down a manufactured home community. An inventory of manufactured home communities within and adjacent to Bozeman identified 1341 pads for manufactured homes. Of that total, 627 are located within the City of Bozeman. The interim ordinance applies solely to the RMH district. Most of the manufactured home communities in Bozeman are not located within the RMH zoning district. The draft interim ordinance would therefore only apply to 41% of the manufactured housing within the City, and only 19% of the manufactured housing within the City and the immediate vicinity. The inventory was previously provided to the Commission on September 5`h. UNRESOLVED ISSUES: Whether an interim ordinance is an appropriate and effective means of addressing concerns voiced by the City Commission. Whether the interim ordinance as drafted should be implemented. RECOMMENDATION: Conduct a public hearing and receive public testimony prior to making a decision. FISCAL EFFECTS: No additional operational costs or benefits are anticipated. ALTERNATIVES: 1) Not approve the interim ordinance 2) Not approve the interim ordinance and direct other actions 3) Table the interim ordinance either indefinitely or to a date certain for further consideration 4) Modify the interim ordinance prior to passage Report compiled on September 6, 2006 Nv Commission Memorandum 5) Approve the interim ordinance as submitted 6) As suggested by the City Commission. CONTACT: Please email Chris Saunders at esaunders@bozeman.net if you have questions prior to the public hearing. Respe tfully submitted, Andrew Epple, Plarmin-pAlrector Chris Kukulski, City Manager If Attachments: Ordinance 1672, Interim changes to RMH Report compiled on September 6, 2006 ORDINANCE NO. 1672 AN INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.16.020, TABLE 16-1, OF THE MUNICIPAL CODE TO CHANGE THE USES ALLOWED WITHIN THE RESIDENTIAL MANUFACTURED HOME COMMUNITY DISTRICT. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, of amendments to the allowed uses within the Residential Manufactured Home Community District. WHEREAS, the City Commission recognizes manufactured homes as an important component of the overall housing stock in the City of Bozeman; and WHEREAS, the City Commission has appointed a task force to consider and make recommendations regarding affordable housing; and WHEREAS, the task force requires time to consider issues and make recommendations; and WHEREAS, the development and review of changes to Title 18, Unified Development Ordinance, require numerous formal steps to inform and involve the public prior to any proposed changes taking place; and WHEREAS, the City Commission wishes to carefully consider options regarding housing prior to permanently adopting changed regulations; and WHEREAS, the City Commission is concerned with the potential effects of sw-h changes on individuals and on the community as a whole; and WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering or studying, or intends to study; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 The uses permitted in the Residential Manufactured Home Community District as shown in Table 16-1 of Chapter 18.16, BMC be amended, so that Table 16-1 reads: Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units C C P P P P Agricultural uses on 2.5 acres or morel P Agricultural uses on less than 2.5 acres2 C Apartments/Apartment Building,as defined in Chapter 18.80 P P Assisted living/elderly care facilities C C P Bed and brealdast C C C P P Commercial stable C - - Community centers P P P P #PP P PC.; Community residential f acilities (with more than C C C P P C four residents) Cooperative housing C C C P C Day care centers C C C P P P C Essential services (Type I) P P P P P P P Essential services (Type Il) C C Extended stay lodgings - - P P - Family day care home P P P P P P P Fences A A A A A A A Fraternity and sorority houses C P P Golf courses C C C - - C Greenhouses A A A A A A - Group day care home P P P P P P P Guesthouses A A A A A A - Home based businesses5 A/C A/C A/C A/C A/C A/C A/C Lodging houses C P P Offices 0 P Other buildings and structures typically accessory A A A A A A A to authorized uses Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Private garages A A A A A A A Private or jointly owned community center or A A A A A A A recreational facilities Private storm water control facilities A A A A A A A Private vehicle and boat storage A A A A A A A/0 Public and private parks P P P P P P P Manufactured homes on permanent foundations' P P P P P P P Manufactured home communities P Medical offices,clinics,and centers - C P Recreational vehicle parks C Signs,subject to Chapter 18.52,BMC A A A A A A A Single-household dwelling P P P P P P ='.. Temporary buildings and yards incidental to A A A A A A A constriction work Temporary sales and office buildings A A A A A A A Three- or four-household dwelling P P P Two-household dwelling - P P P P - Townhouses (five attached units or less) P6 P P Townhouses (more than five attached units) - - P P Tool sheds for storage of domestic supplies A A A A A A A Uses approved as part of a PUD per Chapter C C C C C C C 18.36,BMC Veterinary uses C - Section 2 Said provision shall be effective for a period of not more than six (6) months from the date of adoption hereof, unless otherwise extended in accordance with Montana law. Section 3 All City ordinances and parts thereof in conflict herewith are hereby temporarily superseded by this ordinance for the time period as described in Section 2 above, insofar as said ordinances or parts thereof may apply to the corporate boundaries of the City of Bozeman. Section 4 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 5 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this ordinance. Section 6 Effective Date. This ordinance shall be in full force and effect upon passage. PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1 lth day of September 2006. JEFFRY K. KRAUSS,Mayor ATTEST: BRIT FONTENOT City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney