HomeMy WebLinkAbout15 - E-Packet 5-21-07_First Reading Ordinance 1681 - Urban mixed use zon_15
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, AICP, Assistant Director
SUBJECT: First Reading of Ordinance 1681 adopting Z-06049
MEETING DATE: Monday, May 7, 2007
RECOMMENDATION: The City Commission approve Ordinance 1681 creating Chapter 19,
Urban Mixed Use District in Title 18, Unified Development Ordinance, BMC.
BACKGROUND: An application to amend Title 18, Unified Development Ordinance was received
by the Department of Planning and Community Development on March 10, 2006. The application
sought to create a new zoning district to further encourage mixed use development. A public meeting
was held on May 10, 2006 to generally discuss the concept of mixed-uses within Bozeman prior to
public hearings by the Zoning Commission and Planning Board on May 16, 2006 and June 6, 2006.
The City Commission received the recommendation of the Zoning Commission and Planning
Board at your public hearing on July 17, 2006 and the City Commission found that with revisions
and further development the idea of a mixed-use district was an improvement in the regulatory
mechanisms of the City.
The Commission directed that a revised draft be developed for further consideration. Two rounds
of revision and public comment resulted in a revised draft the City Commission considered at their
meeting of September 11, 2006. The City Commission recognized that some standards of the
proposed zoning district were still under consideration and gave some direction on outstanding
questions but requested that an implementing ordinance be brought back for their consideration so
they could consider a final set of standards. The revised language is now incorporated into
Ordinance 1681 for Commission consideration.
UNRESOLVED ISSUES: The Commission must decide if the draft as presented should be
adopted, adopted with revisions, or terminated. Comment seeking changes to the draft has been
submitted and is included with your packets. After consideration, Staff does not recommend
changes to the draft as Staff believes the issues are adequately addressed elsewhere in the City’s
regulations or are contrary to the intent and operation of the proposed district.
FISCAL EFFECTS: No material effect is expected.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Chris Saunders at csaunders@bozeman.net if you have any questions
prior to the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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Attachments: First Reading Draft of Ordinance 1681
Public comment
2
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PAGE 1 OF 13
ORDINANCE NO. 1681
R 18.19
WITHIN TITLE 18 UNIFIED DEVELOPMENT ORDINANCE.
WHEREAS, on October 22, 2001, the City Commission adopted Resolution No. 3486, adopting
the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6,
MCA; and
WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance with a
growth policy, and
WHEREAS, an application to amend Title 18, Unified Development Ordinance was received
by the Department of Planning and Community Development on March 10, 2006, and
WHEREAS, a public meeting was held on May 10, 2006 to generally discuss the concept of
mixed-uses within Bozeman; and
WHEREAS, the application was the subject of public notice and in recognition of the
function of zoning to implement a growth policy joint public hearings before the Zoning
Commission as required by Section 76-2-307 MCA, and the Planning Board were held on May 16,
2006 and June 6, 2006; and
WHEREAS, the Zoning Commission and Planning Board identified issues of concern and
recommended to the City Commission that any approval wait until after the updating of the growth
policy, and
WHEREAS, the City Commission opened the advertised public hearing on June 5, 2006
and continued their public hearing to July 17, 2006 to give the Planning Board and Zoning
Commission time to complete their public hearing; and
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING A NEW CHAPTE
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WHEREAS, the City Commission received the recommendation of the Zoning Commission
and Planning Board at their continued public hearing on July 17, 2006; and
WHEREAS, the City Commission found that with revisions and further development the
idea of a mixed-use district was an improvement in the regulatory mechanisms of the City; and
WHEREAS, the City Commission directed that a revised draft be developed for further
consideration; and
WHEREAS, the revised draft was crafted and made available for public comment and
additional revisions were crafted based upon received comment; and
WHEREAS, the City Commission considered the revised draft at their meeting of
September 11, 2006; and
WHEREAS, the City Commission recognized that some standards of the proposed zoning
district were still under consideration but requested that an implementing ordinance be brought back
for their consideration so they could consider a final set of standards;
FORE, BE IT ORDAINED by the City Commission of the City of
ozeman, Montana, that:
That Section 18.14.010, Bozeman Municipal Code be amended to read as follows:
A.
xplanatory matter thereon, are adopted by this reference and declared to be a
B. he pur ided and classified into the following use districts:
Density District
R-3 Residential Medium Density District
NOW, THERE
B
Section 1
18.14.010 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED
The City is divided into zones, or districts, as shown on the official zoning map(s) which,
together with all e
part of this title.
For t pose of this title, the City is div
R-S Residential Suburban District
R-1 Residential Single-household, Low Density District
R-2 Residential Two-household, Medium
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istrict
ommunity District
ct
rict
ustrial District
U e District
n Overlay District
t
R-4 Residential High Density D
R-O Residential Office District
RMH Residential Manufactured Home C
B-1 Neighborhood Business Distri
B-2 Community Business Dist
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Ind
B-P Business Park District
NEHM Northeast Historic Mixed Us
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC Neighborhood Conservatio
EO Entryway Overlay Distric
CO Casino Overlay District
UMU Urban Mixed Use District
Placement of any given zoning district on an area depicted on the zoning map indicates a
judgment on the part of the City that the range of uses allowed within that district are generally
acceptable in that location. It is not a guarantee of approval for any given use prior to the
completion of the appropriate review procedure and compliance with all of the applicable
requirements and development standards of this title. It is also not a guarantee of immediate
infrastruc
C.
ture availability or a commitment on the part of the City to bear the cost of extending
D.
and reasonable expectation in use of land within
particular zoning designations and sites.
services.
Individual zoning districts are adopted for the purposes described in §18.02.040. A variety of
districts is established to provide locations for the many uses needed within a healthy and
dynamic community. Each district, in conjunction with other standards incorporated in this title,
establish allowable uses of property, separates incompatible uses, and sets certain standards for
use of land. This provides predictability
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Section 2
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That Title 18, Unified Development Ordinance, of the Bozeman Municipal Code be amended
to include a new Chapter 19, and that the new Chapter shall read as follows:
CHAPTER 18.19
URBAN MIXED-USE ZONING DISTRICT
18.19.010 INTENT AND PURPOSE OF URBAN MIXED-USE ZONING DISTRICT.
The intent and purposes of the Urban Mixed-Use (“UMU”) district is to establish areas within Bozeman
that are mixed-use in character, and to set forth certain minimum standards for development within
those areas which encourage vertical mixed-use development with high density. The purpose in having
an urban mixed-use district is to provide options for a variety of employment, retail and community
service opportunities within the community, with incorporated opportunity for some residential uses,
while providing predictability to landowners and residents in uses and standards. There is a rebuttable
presumption that the uses set forth for each district will be compatible both within the individual
districts and to adjoining zoning districts when the standards of Title 18 are met and any applicable
conditions of approval have been satisfied. Additional requirements for development apply within
overlay districts.
A. is theIt further the intent of this district to:
Allow a mixture of complimentary land uses which encourages mixed-uses on individual 1.
floors including, but not limited to, retail, offices, commercial services, restaurants, bars,
hotels, recreation and civic uses, and housing, to create economic and social vitality and
to encourage the linking of trips;
2. Foster the development of vertically oriented mixed-uses, in contrast to single use
development distributed along high vehicle capacity roadways;
3. Encourage development that exhibits the physical design characteristics of vibrant,
urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;
4. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians;
5. Provide flexibility in the siting and design of new developments and redevelopment to
anticipate changes in the marketplace;
6. Reinforce the principle of streets as public places that encourage pedestrian and bicycle
travel, and on-street parking;
7. Provide roadway and pedestrian connections to residential areas;
8. Provide transitions between high-traffic streets and adjacent residential neighborhoods;
9. Encourage efficient land use by facilitating compact, high-density, multi-story
development and minimizing the amount of land that is needed for surface parking;
10. Facilitate development (land use mix, density and design) that supports public transit,
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where applicable;
Provide appropriate locations and design standards for automobile and truck-depende11. nt
uses;
Maintain mobility along12. traffic corridors while supporting the creation of “places” or
centers which will create lasting and enduring, long-term value to the community;
eater 13. Emphasize the need to serve the adjacent, local neighborhood and also the gr
Bozeman area as well;
14. Minimize parking lots through shared uses of mixed-uses;
15. Create central urban gathering places such as community squares or plazas; and
Facilitate designs of 16. each mixed-use to help ensure long-term financial viability of each
mixed-use;
17. Allow for urban oriented recreational activities consistent with the standards and intent
of the district; and
18. To encourage and support the use of sustainable building practices.
To accomplish the intent of the district, the UMU district should ideally be located at the B.
intersections of major traffic corridors, that is at the intersections of two arterials, or less
frequently, an arterial and a collector street. The major intersections should have or be planned
to have a stop light or other active traffic control. While placement at major intersections is a
nec ry precondition, not all majessaor intersections should have the UMU district adjacent to
them. Additionally, placement of this district should be adjacent or near to dense residential
development to enhance walking and bicycle use.
0 AUTHORIZED USES.18.19.02
Uses in the Urban Mixed-Use district are depicted in the table below. Principal uses are A.
indicated with a “P,” conditional uses are indicated with a “C,” accessory uses are indicated with
an “A,” and uses which are not permitted within the district are indicated by a “-.” A particular
proposed development or use may fall under more than one listed category with different review
processes. In such cases, the more stringent review process shall apply.
The uses listed are deliberately broad and some are given special definitions in Chapter 18.80, B.
BMC. The intent of this method is to provide general guidance for uses while allowing the
unique needs and circumstances of each proposal to be specifically addressed through the
review process. Some uses are the subject of special regulations contained in Chapter 18.40,
BMC.
C. itio shed in Chapter 18.54, BMC.Add nal uses for telecommunications are establi
D. Mixed Uses Required And Limited.
Develo1. pment shall include a mix of uses.
2. Uses shall be grouped as commercial, industrial, offices, institutional, and residential. A
combination of at least two different groups of uses shall be provided within each site
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plan.
3. No use group shall exceed 70% of the total gross building floor area in the entire site
development, multiple buildings may be shown on a single site plan as allowed in
Chapter 18.34.
4. The ground level gross building area shall be at least 75% non-residential in use.
5. Residential uses shall be provided in all mixed-use developments, and shall occupy not
less than 20% of the total gross building floor area of the district.
6. For the purposes of calculating the percentage of a use within the site development the
gross square foot floor area of building for each use shall be utilized.
TABLE 19-1
TABLE OF COMMERCIAL USES
AUTHORIZED
USES
Ambulance Service P
Apartments and Apartment Buildings (as defined in this Title) P
Arts and Entertainment Center (as defined in this Title) P
Assisted Living/Elderly Care Facilities P
Automobile Fuel Sales or Repair (as defined in this Title) C
Automobile Parking Lot or Garage (public or private) P
Automobile Washing Establishment C
Banks and Other Financial Institutions P
Business, Technical or Vocational School P
Bus Terminals C
Community Centers P
Convenience Uses C
Convenience Use Restaurant P
Essential Services (Type II) C
Extended-Stay Lodgings P
Health and Exercise Establishments P
Hospitals P
Hotel or Motel P
Laboratories, Research and Diagnostic P
Laundry, Dry Cleaning P
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TABLE OF COMMERCIAL USES
AUTHORIZED
USES
Light Goods Repair (as defined in this Title) P
Lodging Houses P
Manufacturing (light and completely indoors) P
Mortuary C
Museum P
Medical and Dental Clinics P
Meeting Hall P
Offices (as defined in this Title) P
Other Buildings & Structures (typically accessory to permitted uses) A
Parking Facilities P
Personal and Convenience Services (as defined in this Title) P
Pet Grooming Shop P
Printing Offices and Publishing Establishments C
Private Club, Fraternity, Sorority or Lodge P
Public Buildings P
Refuse and Recycling Containers A
Research Laboratories P
Restaurants P
Retail Uses (as defined in this Title) P*
Retail (large scale) C
Sales of Alcohol for On-Premise Consumption C
Sign Paint Shops (not including neon sign fabrication) C
Upholstery Shops (excluding onsite upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage) P
Veterinary Clinic P
Wholesale Distributors With On-Premise Retail Outlets (providing
warehousing is limited to commodities which are sold on the premises) P
Wholesale Establishments (ones that use samples, but do not stock on
premises) P
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TABLE OF COMMERCIAL USES AUTHORIZED
USES
Any Use, Except Adult Businesses and Casinos Approved as Part of a
Planned Unit Development Subject to the Provisions of Chapter 18.36,
BMC
C
N *Excluding adult business, and large scale retail, as they are defined in otes:
Chapter 18.80, BMC -
0 LOT COVERAGE AND FLOOR AREA.18.19.03
In the UMU district, the entire lot, exclusive of the required yards and parking, mA. ay be occupied
by the principal and accessory buildings. This title provides opportunities for parking
req ments to be met by shared and ouireff-site parking, as allowed by Chapter 18.46, BMC.
B. In the UMU district, the footprint of individual buildings shall not exceed 45,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
D. All development shall provide a minimum floor area ratio of not less than 0.75. “Floor area
ratio” is the ratio attained by dividing the gross square feet of building by gross land area of the
lot(s) 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.
18. 40 LOT AREA AND WIDTH.19.0
All newly created lots shall have a minimumA. area adequate to provide for required yards and
parking. In the UMU district there is no minimum size for newly created lots.
There is no minimum width for newly created lots within the UMU district. B.
0 YARDS.18.19.05
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.
Maximum Setback. Buildings shall be oriented to the adjacent street. At least 50% of the totalB.
building frontage, which is oriented to the street, shall be placed within 10 feet of any minimum
required separation from the property line.
Special Yard ReqC. uirements. All yards shall be subject to the provisions of §18.30.060 Design
Criteria and Development Standards in Entryway Corridors, §18.38.060 Yard and Height
Encroachments, Limitations and Exceptions, §18.42.100 Watercourse Setback, §18.44.100 Street
Vision Triangle, and §18.48.100 General Maintenance, BMC, when applicable.
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18.19.060 BUILDING HEIGHT.
A. Minimum building height is three stories and 32 feet. 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% of the ground level story.
Maximum building height, except as allowed under §18.19.060.C, BMC for the UMU district B.
shall be 55 feet.
25 feet C. Maximum building height may be increased by up to but not more than an additional
when structured parking is provided per §18.19.070.E.2, BMC and when determined to be in
compliance with the review criteria of §18.34.090, BMC.
0 SPECIAL STANDARDS.18.19.07
A. A UMU district is anticipated to generally be not less than 20 acres in area. The City
Commission may approve a lesser area of not less than 10 acres upon finding; that a smaller area
will still provide for adequate transition between adjacent districts, provide a reasonable
community setting for the intensity of the district, and that a smaller area will not constitute spot
zoning.
B Th trict shall be surrounded by p. e dis erimeter streets unless precluded by topography.
C. All deve menlop t within the Urban Mixed-Use district, regardless of location within the City,
o Chapters 1 through 4 of the Design Objectives Plan established in Chapter shall conform t
18.30. In the event of a conflict between the Design Objectives Plan and the standards of this
chapter the standards of this chapter shall govern.
quirements shall be the same as the portion of the B-3 district outside the D. Landscaping re
defined e ar cor ea as shown in §18.48.060, Table 48-1, BMC.
Standards.E. Special Parking
m Surface Parking. 1. Maximu
In order to achieve the intena. t of the district and achieve efficiency in the use of
land, surface parking provided for the sole use of an individual development
shall not exceed 100% of the minimum parking requirement for the subject land
use(s) based upon the requirements of Chapter 18.46, BMC. The UMU district
may utilize the parking reductions authorized in §18.46.040.B.3.a, BMC. In
determining the 100% requirement all qualifying reductions shall be included.
b. Exemptions to §18.19.070.D.1.a, BMC to allow unstructured surface parking up
to 100% of the minimum parking requirement exclusive of reductions may be
approved through the development review process for developments that
provide shared parking to other development, valet parking spaces, parking for
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off-site users for which an hourly or other regular rent is paid, or similarly
managed parking facilities.
Structured Parking Incentive. A floor area bonus of one square foot may be granted for 2.
each square foot of area of parking provided within a building. Additional height of
building is allowed to accommodate this additional building area per §18.19.060, BMC.
vered spaces shall be 3. Bicycle Parking. Covered bicycle parking shall be provided. The co
at least one-half of the total minimum bicycle parking. The minimum number of
covered spaces shall be the greater of either 10 bicycle parking spaces or 5% of motor
vehicle parking provided on-site.
E. Building Standards.
1. Transitions. Where the UMU district is adjacent to another zoning district, those
building ates gre r than three stories and located within 50 feet of another zoning district,
not including w the other idth of streets, shall have a stepped façade on the side facing
district. The portion of the façade in excess of three stories shall be stepped back not
less tha on 25% f the height of the initial three stories. Where applicable, cornices (e.g.,
building tops, or first-story cornices) shall be aligned to generally match the height(s) of
those on adjacent buildings.
Floor-to-Floor Heights and Floor Area of Ground-floor Space.2.
a. All commercial floor space provided on the ground floor of a mixed-use
building shall have a minimum floor-to-ceiling height of 12 feet.
b. All commercial floor space provided on the ground floor of a mixed-use
building shall contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is
greater) on lots with street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with 50 feet of street frontage
or more.
In the UMU district buildings shall provide transparency along at least 50% percent of 3.
the linear length of the building’s façade. This may be achieved with windows, displays,
building lobbies, building entrances, display windows, or windows affording views into
retail, office, or lobby spaces. This requirement shall apply to both frontages of a
building located on a corner lot.
a. The bottom edge of any window or product display window used to satisfy the
transparency standard of this paragraph may not be more than 4 feet above the
adjacent sidewalk.
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b. Product display windows used to satisfy these requirements shall have a
minimum height of four feet and be internally lighted.
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 18.19.050.B, BMC.
5. Buildings shall be articulated with modules, architectural detailing, individual
floors visually expressed in the facade, and rhythm and pattern of openings and
surfaces to be human scale.
Lighting. All building entrances, pathways, and other pedestrian areas shall be lit with F.
pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, et
cetera). Alternative lighting meeting the intent of the design guidelines and other criteria of this
title, may be approved through site development review.
G. tura ut, building, and landscape design promote natural Na l Surveillance. The proposed site layo
sur ance of the area by employees, visitveillors, and residents. Physical features and activities
should rien e throughout the site. be o ted and designed in ways that maximize the ability to se
For exa le, wmp indow placement, the use of front porches or stoops, use of low or see-through
walls, an pprd a opriate use of landscaping and lighting can promote natural surveillance. Sight-
obscuring shrubs and walls should be avoided, except as necessary for buffering between
commercial uses and lower density residential districts, and then shall be minimized.
H. Public ces. eational areas are Spa The UMU district is urban in nature. Public parks and recr
likewise expected to be urban in nature. This will include elements such as plazas or other
hardsca g, la eveloped recreation facilities such as pin ndscaping with planters, furniture, d
basketball and tennis courts or indoor recreation facilities, and be more concentrated in size and
develop nt th e designed to facilitate me an anticipated in a less urban setting. Public spaces shall b
at least ee dthr istinct 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 Chapter 18.50, BMC.
1. 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;
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f. Be
PAGE 12 OF 13
visually distinctive and interesting;
Interconnect with other public and private spaces; and g.
h. Prioritize use by persons.
Section 3
Repealer.
olutions, ordinances and secti an Municipal Code and parts thereof in
Severability.
ircumstances is
ay be given
ffect without the invalid provision or application and, to this end, the provisions of this ordinance are
Section 5
Savings Provision.
is ordinance does not affect the rights or duties that m ents that
d, approved and permitted projects, or legal proceedings that began before the effective date
f this ordinance.
tion 6
ce shall be in full force and effect sixty (60) days after passage on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular se
______________________________________
JEFF KRAUSS, Mayor
TTEST:
____________________________________
TENOT
All res ons of the Bozem
conflict herewith are hereby repealed.
Section 4
If any provisions of this ordinance or the application thereof to any person or c
held invalid, such invalidity shall not affect the other provisions of this ordinance which m
e
declared to be severable.
Th
ere incurre
atured, penalties and assessm
w
o
Sec
Effective Date.
s ordinan Thi
ssion thereof held on the _______ day of ___________________ 2007.
A
_
BRIT FON
ity ClerkC
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SSED, ADOPTED AND APPROVED by the City Commission of the City of
ozeman, Montana, on second reading at a regular session thereof held on the ______ day of
____________________ 2007.
_____________
ayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE, City Attorney
PA
B
_________________________
JEFF KRAUSS, M
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