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HomeMy WebLinkAboutA3. Text Amdmnt MidtownPage 1 of 18 15-320, Staff Report for the Midtown Text Amendments, Entryway Corridor Modifications and Midtown Zone Map Amendments Public Hearing Dates: Zoning Commission and Planning Board joint public meeting Tuesday, April 5, 2016 City Commission public hearing Monday, April 11, 2016 Project Description: A text amendment to amend the Bozeman Municipal Code (BMC) to create new zoning districts to implement the Midtown/North 7th Avenue Corridors plans, amend the City zoning map, and modify the Entryway Corridors. Project Location: The B-2M and R-5 districts are generally located in and around the Midtown area of the City of Bozeman and will apply to areas zoned as B-2M and R-5. The changes to the Entryway corridor apply to North 7th Avenue north of Oak Street to its intersection of Hwy 10 (Frontage Road). A concurrent Zone Map Amendment accompanies this text amendment. Recommendation: Approval Recommended Motions: Midtown ZCA. Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1942 to create the R-5 (Residential High Density Mixed District) and B-2M (Community Business Mixed District) text amendment. Entryway Corridor. Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1946 modifying the N 7th Entryway Corridor classification. Midtown ZMA. Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1943 the Midtown zone map amendment. Report Date: April 6, 2016 Staff Contact: Tom Rogers, AICP; Senior Planner Agenda Item Type: Action (Legislative) 312 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 2 of 18 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary The Midtown zone text amendment, revisions to the entryway corridor, and zone map amendment encompass the majority of phase 1 of the overall effort to revise the City of Bozeman Unified Development Code (UDC). The three separate ordinances associated with this staff report work harmoniously to achieve the desired outcome for implementing the 2006 Design and Connectivity Plan for North 7th Avenue Corridor. The Midtown zone text amendment will create two (2) new zoning districts in the City. These districts are not restricted to the Midtown area and may be applied elsewhere in the City after the appropriate zone map amendment process. The City is revising the development code in a two-step process. Phase one is focused on the North Seventh Avenue corridor and urban renewal/tax increment district (TIF). The purpose is to implement the North 7th Design and Connectivity Plan and the 2015 Urban Renewal Plan (Ordinance 1925). As the TIF matures, broader design guidelines are needed in order to address the goal of district revitalization. The key to altering the suburban development patterns of the area that seem to be devaluing property – large, barren and numerous parking lots, wasted space, and outdated site design – is to create a design plan that can guide the Board and the Commission in the allocation of limited funds to create the greatest impact to revitalize the district. Developing a vision and plan implemented by zoning for the district will assist property owners in seeing the unrealized value in their property. Retrofitting is incremental and adaptive, but needs to be guided by an overall vision for the district. A new design plan with implementing zone district will help Midtown Urban Renewal Board (MURB) to create implementing policies for funding infrastructure, façade and site improvements that maximize market forces to encourage diversification and redevelopment. Recommendations to address key design challenges to altering the suburban development pattern to create internal and external integration of the parts over time and over multiple parcels is a critical policy that is needed to move the district to the next stage. Innovative ideas to address zoning and subdivision regulations to overcome the existing fragmentation are needed. It is anticipated that this will be a mixed use corridor rehabilitation oriented district. The primary reasoning for the proposed modifications are: 1. Supporting the goals and objectives the Bozeman Community Plan 2. Implement the Design and Connectivity Plan for N 7th Avenue Corridor 313 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 3 of 18 3. Implement and further the goals and objectives of the Midtown Urban Renewal District Additional background information can be found in Appendix B. Zoning Commission The Zoning Commission held a public workshop on March 22, 2016 and a public hearing on April 5, 2016. All public testimony received will be provided to the Commission when available. The Zoning Commission public hearing has not been completed as of the date production of this report. A video of the public hearing will be provided. Alternatives This code amendment may influence significant policy issues such as density, city vitality, and delivery of city services, urban form, and viability of future alternative transportation modes. Alternatives for Commission action are: 1) Adopt the amendments as proposed by Staff, 2) Adopt the amendments with revisions, 3) Do not adopt the amendments and leave the language as it exists. TABLE OF CONTENTS Executive Summary ........................................................................................................................ 2 Unresolved Issues ....................................................................................................................... 2 Project Summary ......................................................................................................................... 2 Alternatives ................................................................................................................................. 3 Section 1 - RECOMMENDATION AND FUTURE ACTIONS ................................................... 4 Section 2 - STAFF ANALYSIS AND FINDINGS ........................................................................ 4 Section 76-2-304, MCA (Zoning) Criteria ................................................................................. 4 PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................... 11 APPENDIX A –Affected ZONING AND GROWTH POLICY provisions ................................ 11 appendix B – detailed project description and background .......................................................... 15 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 16 Appendix D - Owner Information and Reviewing Staff ............................................................... 17 Fiscal effects ................................................................................................................................. 18 314 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 4 of 18 ATTACHMENTS ......................................................................................................................... 18 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Midtown Text and Map Amendment File: 15-320 Having considered the criteria established for a municipal code amendment, the Community Development Staff recommends the approval of the text and the zone map amendments. The significance of revision to the City's development code warranted additional evaluation of the proposed text. The City convened a 13 member advisory committee representing a myriad of sectors of our community to consider various alternatives and provide direction to the consultant team. The UDC Amendment Advisory Committee has met five times to discuss, comment, and provide feedback and direction on the process, text, and map. The advisory committee will continue to meet throughout the project. The Zoning Commission and Planning Board held a joint public work session on March 22, 2016 to consider the proposed amendments. Public comment was received. The Zoning Commission and Planning Board will hold a joint public hearing on the proposed amendments on April 5, 2016. The City Commission will hold a public work session on the text March 28, 2016 and a public hearing on the amendments and provisional adoption of Ordinances 1942, 1943, and 1946 on April 11, 2016. SECTION 2 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. An underlying principle of the Bozeman Community Plan is that public and quasi- public infrastructure is necessary to ensure the health, safety and general welfare of our citizens; and maintain and grow our community. The City of Bozeman’s Vision is detailed in Chapter 1 of the Bozeman Community Plan. The first goal relates to growth management to promote the unique history and character of Bozeman by preserving, protecting, and enhancing the overall quality of life within the planning area. The code amendment is significant in the number of goals and policies it 315 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 5 of 18 furthers and the geographical coverage. The proposal affects 243.2 acres of property within the City limits. The overarching goal of this text amendment is to implement the Design and Connectivity Plan for N 7th Avenue Corridor by establishing code provisions to revitalize and invigorate investment within the district. The City's guiding principles, Part 2.1, can best be described as follows: 1. Strives to achieve a fair and proper balance among conflicting interests, to protect the rights of citizens, and to affirm community values as they have been expressed by citizens and throughout the planning process. Response. The effort to revise the City's development come is approximately one third complete upon adoption of these amendments. Staff and the consultant team have actively pursued citizen engagement through direct mailing, multiple advertisements, television interviews, hosting a web site with current information, presentations to the City Commission on the progress and next steps with information on how to participate, and numerous public events. To date we have initiated 25 public opportunities to engage in the process. These efforts will continue through the completion of the project. Diverse groups of residents, property owners, and associations are actively involved; each with their particular set of desired outcomes. Harmonizing these conflicting interests is an ongoing effort. However, the proposed amendments strike a balance to further the Bozeman Community Plan and affirm community values. 2. Realizes interrelated goals for land use, housing, transportation, environmental concerns, and economic development. Response. The proposed text and map amendments, taken holistically, are aligned with the interrelated goals for land use, housing, transportation, environmental concerns, and economic development by focusing investment in an area primed for infill development that already has all necessary infrastructure to support the additional residential and commercial activities. The school and transportation systems are in place. The proposed text amendment will utilize limited land more efficiently than nearly all other areas of the City. Finally, the existing regulatory framework in place will retain the natural amenities that are so desirable in Bozeman. 3. Builds on desirable existing conditions while recognizing and improving upon undesirable conditions. Response. The primary goals and objectives of the N 7th Corridor plan are to capitalize on the opportunities the area has. The proposed amendments are context sensitive by allowing development to incrementally evolve in a manner that will retain the character of the neighborhoods and achieve the over arching goals of investment and revitalization of the corridor. 316 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 6 of 18 4. Engages citizens in planning and decision-making efforts at the neighborhood, citywide, and regional levels. Response. As noted above, staff has aggressively engaged all aspects of the community to participate in the development of the proposed amendments. Numerous direct mailings have reached over 750 property and business owners in the affected area, a constantly evolving web site as a resource, newspaper ads, advisory committee, and numerous public meetings. 5. Affirms Bozeman’s commitment to responsible stewardship of the natural environment, excellence of environmental design, and conservation of the heritage of the built environment. Response. The proposed amendments incorporate the City's general zoning codes and integrate aspects of the Neighborhood Conservation Overlay District's design considerations and additional design requirements found in the Design Objectives Plan. Additional design requirements will be incorporated with the adoption of phase 2. Therefore, in the interim the requirements of the Design Objectives Plan will apply. 6. Includes sustainability considerations in community development decisions. Response. Increased building heights and density, strategic parking reductions, and modifications to the entryway corridor being proposed will create a sustainable development patter to accommodate anticipated population growth in the city. The analysis provided supports the goals stated in Chapter 2 of the North 7th Corridor Plan including developing the corridor as a focus for commercial and entertainment activities that serve residents and visitors alike, strengthening the corridor as a neighborhood service center, providing mixed use development and guiding new development along the corridor such that it improves the aesthetic experience. The text amendment relates to a number of specific objects in the Bozeman Community Plan including: Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community. The region of the City affected by this text amendment is central to the City’s historic, social, economic, and general identity. Full infrastructure services are established in the area the amendment covers and are underutilized. Maximizing the efficiency of these services is in the best interest of the City. The development potential will increase the vehicular, pedestrian, and multimodal opportunities within the City as it is realized. Numerous properties within the affected area have seen limited investment or remain vacant. Development on these sites and revitalization of others will further the goals and objectives 317 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 7 of 18 of the Community Plan. Development will increase connectivity and activity in the area furthering the social attributes of the community. Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with consideration for climate change, health and safety, food production, housing, employment opportunities, natural hazard mitigation, and natural resource conservation. The proposed text amendment directly supports this objective by establishing code provisions to revitalize and invigorate investment within the district. Redevelopment and infill development may reduce vehicle trips due the proximity to housing, employers and educational opportunities. The proximity to existing resources such as the fair grounds, Main Street, other commercial areas, schools, housing and cultural activities furthers the City’s efforts to create a vital City capable of accommodating the needs of all residence. Goal C-1 addresses human scale and compatibility with intent to create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. Objective C-1.2: - Update design objectives to include guidelines for urban spaces and more dense development. The proposed code amendment furthers this objective by implementing and codifying existing design guidelines found in the Neighborhood Conservation Overlay District and the Bozeman Design Objectives Plan. These plans have mutually supportive objectives of creating livable communities which create functional neighborhoods with greater connectivity, access to amenities, and raise design considerations that foster healthy communities. These design considerations are becoming a part of the base zoning code (Form Based Codes) reducing the perceived complexity of the City’s development code and making the City’s desired outcome to be more transparent. The required design components emphasize human scale and compatibility. Objective C-1.4: Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community and regional commercial areas. Design standards for the Midtown District are integrated into the base zoning code (Form Based Codes). Articulation of buildings, placement of parking lots, landscaping provisions, building setbacks and other considerations are clearly stated in each zone. The intent has been to maintain and further the existing character of the corridor and focus on its strengths. Specific design considerations are included in this new code section to promote transparency, functionality, human scale, and design consideration that considers the context of the environment. 318 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 8 of 18 Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. The N 7th corridor is a prime location for infill development to reduce demand on the transportation network by creating housing and employment in the center of the city. There is existing residential development and commercial activities nearby. Augmenting the existing development with infill will improve the efficiency of public services and reduce outward expansion of City. Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. The proposed code amendment supports this criterion in multiple ways and furthers the desired outcome of the adopted plans while respecting the context of the existing development. The text proposes reducing required setbacks, increases building heights and allows for greater flexibility for uses within the Midtown districts. In addition by integrating many of the provisions found in supporting planning documents the intent of the Bozeman Design Objectives Plan is codified into the base zoning code. These with other code provisions will support greater investment in the area for multiple housing types and commercial opportunities in the center of the City. B. Secure safety from fire and other dangers. Yes. The proposed amendments do not change the breadth of tools available to the City in identifying and mitigating risk from land use and development. C. Promote public health, public safety, and general welfare. Yes. The proposed amendments do not change the requirements for provision of water or sewer systems, provision of emergency response capability, or similar existing standards. The proposed dimensional standards appear to be industry standard and utilized by numerous other municipalities with similar weather related challenges. Rationale: A community needs a variety of housing stock to accommodate the diversity in personal circumstances and preferences of its population. The type of housing required may be different throughout a person’s life. A healthy community has a wide range of citizens with differing age, education, economic condition, and other factors. Stable neighborhoods encourage reinvestment, both financial and emotional that strengthens and builds the community. The regulatory provisions established through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, will adequately address the issues of health and general welfare. Further development of any particular property may also require review and 319 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 9 of 18 approval by the City Engineer's Office, Director of Public Works, Development Review Committee, and when appropriate the Design Review Board. D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Neutral. The proposed text amendment will affect publicly required transportation, water, sewerage, schools, parks and other systems if and when development occurs. However, the City anticipates and expects its infrastructure to be utilized to insure efficient use of these systems. Currently there are large swaths of undeveloped and underdeveloped lands with the affected area of the text and zone map amendment area. Encouraging infill development in the Midtown area will result in greater efficiencies of the existing, sewer, water, schools and other public requirements. Established procedures will provide for mitigation of impacts as they occur. E. Reasonable provision of adequate light and air. Neutral. This area of the City is anticipating much greater development. As such, some of the existing open spaces and views may be compromised with development. However, these provisions are a direct result of and further adopted plans. Additionally, the regulatory provisions established through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, will adequately address the issues of health and general welfare. Further development of any particular property may also require review and approval by the Montana Department of Health and Environmental Quality, City Engineer's Office, Director of Public Works, Development Review Committee, and Design Review Board. F. The effect on motorized and non-motorized transportation systems. Yes. Development that follows the proposed text amendments will create vehicular efficiencies by increasing residential and commercial opportunities in close proximity and will create more diverse multi-modal transportation systems with development. The affected area is near commercial, employment opportunities, and residential development. These amendments will allow greater density residential and commercial development which create an environment for efficient use the transportation system and make non-motorized transportation systems more viable. G. Promotion of compatible urban growth. Yes. The proposed text and map amendments will promote compatible urban growth. An ongoing public discussion that resulted in the 2006 Design and Connectivity Plan for North 7th Avenue Corridor, the Midtown Urban Renewal District goals, and through the process that created the proposed text insures desired urban growth will result. See finding A above for more discussion. H. Character of the district. 320 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 10 of 18 Yes. These amendments create two new zoning districts tailored to the Midtown area and its character. In addition, the modification to the entryway corridor is expressly focused on continuing and evolving the character of the district. The existing character is eclectic and has largely been auto centric. The block frontage concept that is integral to the text amendments are designed to allow for a variety of development characters while insuring the overall goals of the growth policy are achieved. The Community Framework map (see Figure 38.44.010.C) is the implementing document that prescribes how buildings relate to the street. This map is created by assessing the existing neighborhoods and identifying which block frontage is most appropriate. A transition to a less auto centric character will occur over time. The amendments will apply to any property zoned R-5 or B-2M. The concurrent zone map amendment details where these amendments will apply. Any future properties that wish to adopt these zoning districts must go through the zone map amendment process and establish the framework map specific for the area to be re-zoned R-5 or B-2M. I. Peculiar suitability for particular uses. Neutral. The proposed amendments do not make material changes to land uses. Existing zoning is comprised of R-3, R-4, and B-2. The permitted uses for these districts are listed under Section 38.08.020 and 38.10.020 respectively. Both the R-5 and B-2M are more permissive in permitted uses. However, no new types of uses are being proposed, rather more allowances that already are permitted will be allowed in each district. Permitted uses for the proposed text amendment are listed in Table 38.08.020 and 38.10.020 respectively. J. Conserving the value of buildings. Neutral. One of the primary goals of this text and zone map amendments is to revitalize and invigorate investment in the district. A number of the existing properties have seen little or no improvement and, in some cases, have eroded in value. The proposed amendments integrate the existing design requirements associated with the Entryway Corridor and the NCOD into the base code. The result will be clear and concise design requirements for any repurposed and new building. Requiring a modicum of design standards for all construction will conserve and improve the value of buildings in and around the district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed amendments do not make material changes to land uses. The community has expressed a strong desire to require greater density and more diverse uses. The proposed text creates the regulatory framework to achieve that goal by increasing building heights, nudging minimum densities higher, and allowing mixed use buildings. 321 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 11 of 18 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF EITHER THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS The R-5 and B-2M are new zoning districts. Please see the attached Proposed Midtown Zoning Text ordinance for complete text amendments. Revisions to Section 38.17, Entryway Corridors. PROPOSED TABLE AND TEXT Article 17 (Entryway Corridors) Sec. 38. 17.020. - Intent and purpose. A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community by guiding development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. Article 17 (Entryway Corridors) Sec. 38.17.030. - Application of entryway corridor provisions. 322 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 12 of 18 A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries Seventh Avenue, south from the Interstate 90 interchange to Main Street; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from Seventh Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. 3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor shall govern. 323 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 13 of 18 Adopted Growth Policy Designation: The properties fall within the Regional Commercial and Services, Community Commercial Mixed Use, and Residential designations in the Bozeman Community Plan. Regional Commercial and Services designation indicates that “Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development.” Community Commercial Mixed Use designation indicates that “Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the 324 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 14 of 18 provision of services and opportunities to persons without requiring the use of an automobile.” Finally, the Residential designation indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. C.8 ZONING CORRELATION WITH LAND USE CATEGORIES “… Some zoning districts may apply to multiple land use categories. In this case not all uses may be available as any site development must comply with both the zoning and the underlying land use category. The Residential Emphasis Mixed Use land use category does not have a directly corresponding zoning district which would allow the full expression of the range of land uses contemplated as of the writing of this plan. Table C-16 suggests the creation of a new zoning district to fill this need. The City expects to review and revise its zoning regulations after the adoption of the Bozeman Community Plan. In the process of this review zoning district titles may change, districts may be consolidated, or other changes be made. Table C-16 is a correlation with districts as they exist today. The principal and conditional uses, setbacks, and other details of each zoning district are contained in Title 18, Unified Development Ordinance, Bozeman Municipal Code. This title also contains development review requirements and procedures, definitions of uses, site development standards, and requirements for subdivision of property. 325 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 15 of 18 The proposed R-5 and B-2M are aligned and complimentary with the existing uses found in Table C-16. As noted above the City expects to review and revise its zoning regulations after the adoption of the Bozeman Community Plan. In the process of this review zoning district titles may change, districts may be consolidated, or other changes be made. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The purpose of this project is to review and update as needed the Unified Development Code (UDC) for the City of Bozeman in two related steps. With the adoption of the City’s Community Plan in 2009, the existence of numerous adopted neighborhood and special area plans, and rapid growth (infill and edge), the City recognizes the need to update its land development regulations and standards. Bozeman initially adopted zoning in 1934. 326 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 16 of 18 Bozeman’s current UDC structure which includes zoning, subdivision, and infrastructure standards was established in 2004. Many older elements and standards were carried forward in 2004. The present text therefore does not always reflect current best practices for zoning, planning and infrastructure practices. Incremental modifications and updates are ongoing resulting in a less efficient code to administer, unnecessary complexity, leading to questionable effectiveness in implementing the land use and design recommendations in Bozeman’s adopted plans. Large areas of Bozeman’s older neighborhoods are nonconforming. This has led to frequent variance requests and incremental amendments to the UDC. The older areas of town have experienced substantial reinvestment in the past 20 years and there is a growing interest in increased development in the historic core of the community. The additional intensity of use has created conflicts between new and existing users The City seeks to revise the development code in a two-step process. Phase one is focused on the North Seventh Avenue corridor and urban renewal/tax increment district (TIF). The purpose is to implement the North 7th Design and Connectivity Plan and the 2015 Urban Renewal Plan (Ordinance 1925). As the TIF matures, broader design guidelines are needed in order to address the goal of district revitalization. The key to altering the suburban development patterns of the area that seem to be devaluing property – large, barren and numerous parking lots, wasted space, and outdated site design – is to create a design plan that can guide the Board and the Commission in the allocation of limited funds to create the greatest impact to revitalize the district. Developing a vision and plan for the district will assist property owners in seeing the unrealized value in their property. Retrofitting is incremental and adaptive, but needs to be guided by an overall vision for the district. A new design plan with implementing zone district will help the NSURB to create implementing policies for funding infrastructure, façade and site improvements that maximize market forces to encourage diversification and redevelopment. Recommendations to address key design challenges to altering the suburban development pattern to create internal and external integration of the parts over time and over multiple parcels is a critical policy that is needed to move the district to the next stage. Innovative ideas to address zoning and subdivision regulations to overcome the existing fragmentation are needed. It is anticipated that this will be a mixed use corridor rehabilitation oriented district. APPENDIX C – NOTICING AND PUBLIC COMMENT Table 38.40.040, BMC lists notice requirements for all types of applications. 327 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 17 of 18 The notice was submitted Thursday, March 17, 2016 for publication as a legal ad on Sunday, March 20 and 27, 2016. Notice of the public workshops and hearings were posted City’s website. Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission on Tuesday, April 5, 2016 and City Commission public hearing on Monday, April 11, 2016. Notice of all workshops and hearings was mailed to all property owners and businesses within the boundaries of the proposed district and within 500 feet of the exterior boundary of the district on Friday, March 18, 2016 via first class US mail. There is no requirement for posting specific properties. In addition, Zone Map Amendments resulting from text amendments are not required to post notice on site. Table 38.40.030 Application Minimum Days12 Maximum Days12 Distance1 Notice Type Text amendment 15 45 NA Newspaper once ZMA2- Resulting from ordinance changes 15 45 None Newspaper once 1The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership. 2Zone map amendment, article 37 of this chapter. 8When newspaper notice is required the notice shall be published in a newspaper of general circulation. 9Mail by first class to all landowners within 200 feet except those subject to certified mail. 12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter. Public comment has been received as of the writing of this report and is attached. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF 328 15-320, Staff Report for the Midtown Text Amendment, Entryway Corridor Modifications, and the Midtown Zone Map Amendment Page 18 of 18 Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development Report By: Tom Rogers, AICP; Senior Planner FISCAL EFFECTS No fiscal effects have been identified. No presently budgeted funds will be changed by this text amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 329 Page 1 of 5 ORDINANCE NO. 1946 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTIONS 38.17.030 TO REVISE APPLICATION OF ENTRYWAY CORRIDOR PROVISIONS. 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 application of entryway corridor provisions is a matter of substantial public concern and is essential for and functional operation of a city; and WHEREAS, The City of Bozeman is constantly evolving and changing and periodic evaluation of development guidelines are necessary to insure the safe, harmonious development and to meet the needs of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, enables 330 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 2 of 5 public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 2. The City must implement adopted growth policies and plans. 3. The classification of entryway corridors must be evaluated and refined with the growing community. 4. The modified entryway corridor will allow the City to further the goals and objectives of the Community Plan. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.17.030 Application of entryway corridor provisions to read as follows with all other portions of the section remaining unchanged: Sec. 38.17.030. - Application of entryway corridor provisions. A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: 331 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 3 of 5 a. North Seventh Avenue from Interstate 90 to Oak Street and U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries Seventh Avenue, south from the Interstate 90 interchange to Main Street; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from a point 115 feet east of N. 15th Avenue Seventh Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. 3. When a Class I and a Class II corridor overlap the provisions of the Class I corridor shall govern. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 332 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 4 of 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall be codified as indicated in Sections 2. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ______ day of ___________, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ 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 ____ of __________________, 2016. The effective date of this ordinance is _____, __________, 2016. 333 Ordinance No. 1946, Revissions to the Application of Entryway Corridor Provisions Page 5 of 5 _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 334 Page 1 of 42 ORDINANCE NO. 1942 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTION 38.07 TO CREATE TWO NEW ZONING DISTRICTS OF R-5 (HIGH DENSITY RESIDENTIAL MIXED USE) AND B-2M (COMMUNITY BUSINESS DISTRICT MIXED), SECTION 38.08 TO CREATE A NEW ZONING DISTRICT OF R-5 (RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT), TO REVISE SECTION 38.10 TO CREATE A NEW ZONING DISTRICT OF B-2M (COMMUNITY BUSINESS DISTRICT MIXED), SECTION 38.21.060 TO REVISE SPECIAL STANDARDS, SECTION 38.25 TO REVISE PARKING STANDARDS, TO CREATE SECTION 38.44 B BLOCK FRONTAGE. 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 City must adapt to the needs of the community by implementing the growth policy and adopted plans for the safe and functional operation of a city; and WHEREAS, The Design and Connectivity Plan for North 7th Avenue Corridor was officially adopted on October 5, 2006 and no implementation has been put in place; and WHEREAS, The City of Bozeman constantly strives to improve the effectiveness and efficiency of development to further the growth policy goals and objectives; 335 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 2 of 42 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, provides efficient delivery of services, enables public notice of and comment on development which may affect residents and land owners, and provides predictability in government actions 2. The City relies on zoning regulations to implement the growth policy and adopted plans. 3. The City’s unified development code (UDC), Chapter 38, is revised as needed to insure an efficient use of infrastructure and the public good. 4. City must adapt to the needs of the community by implementing the growth policy and adopted plans for the safe and functional operation of a city. 5. The City must implement adopted growth policies and plans. 6. The classification of entryway corridors must be evaluated and refined with the growing community. 7. The modified entryway corridor will allow the City to further the goals and objectives of the Community Plan. 8. The Design and Connectivity Plan for North 7th Avenue Corridor was officially adopted on October 5, 2006 and no implementation has been put in place. 9. The community need for a particular regulation will vary over time, and therefore it is appropriate to reevaluate the adopted standards from time to time. 10. The proposed text amendments are consistent with the intent and purpose of Chapter 38, BMC as set forth in section 38.01.040. 336 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 3 of 42 Section 2 That the Bozeman Municipal Code be amended by revising Section 38.07.010 to read as follows with all other portions of the section remaining unchanged: Sec. 38.07.010. Use districts designated, zoning map adopted. B. R-5 Residential Mixed-Use High Density District B-2M Community Business District - Mixed Section 3 That the Bozeman Municipal Code be amended by amending Section 38.08.010.A to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 6. The intent of the R-5 residential mixed-use high density district is to provide for high- density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. Offices and small scale retail and restaurants are allowed as secondary uses provided special standards are met. Section 4 That the Bozeman Municipal Code be amended by amending Section 38.08.020 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: Table 38.08.020 Table of Residential Uses Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RM H Accessory dwelling units8, 9 C C P P P P P — Agricultural uses on 2.5 acres or more2 P — — — — — — — Agricultural uses on less than 2.5 acres2 C — — — — — — — 337 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 4 of 42 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RM H Apartments/apartment building, as defined in article 42 of this chapter — — — — P P P — Bed and breakfast C C C C P P P — Commercial stable C — — — — — — — Community centers C C C C C C P C Community residential facilities with eight or fewer residents P P P P P P P P Community residential facilities serving nine or more residents — — — C P P P — Cooperative housing C C C P P P P C Day care centers C C C P P P P C Essential services Type I A A A A A A A A Essential services Type II P P P P P P P P Essential services Type III C10 C10 C10 C10 C10 C10 C10 C10 Extended stay lodgings C C C P P P P — Family day care home P P P P P P P P Fences A 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 A — Group day care home P P P P P P P P Group living P P P P P P P P Guesthouses A A A A A A A — Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C A/C Lodging houses — — — C P P P — Offices — — — — C3 C3 P — 338 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 5 of 42 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RM H Other buildings and structures typically accessory to authorized uses A A A A A A A A Private garages A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Private stormwater control facilities A A A A A A A A Private vehicle and boat storage A A A A A A A A/C 4 Public and private parks P P P P P P P P Manufactured homes on permanent foundations1 P P P P P P P P Manufactured home communities — — — — — — — P Medical offices, clinics, and centers — — — — C C3 P — Recreational vehicle parks C — — — — — — P Restaurant — — — — — P11 — — Retail — — — — — P11 — — Signs, subject to article 28 of this chapter A A A A A A A A Single-household dwelling P P P P P P P P Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Three- or four-household dwelling — — — P P P P — Two-household dwelling — — P P P P P — Townhouses (two attached units) P7 P7 P P P P P P7 Townhouses (five attached units or less) — — — P6 P P P — Townhouses (more than five attached units) — — — — P P P — Tool sheds for storage of domestic supplies A A A A A A A A 339 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 6 of 42 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RM H Uses approved as part of a PUD per article 20 of this chapter C C C C C C C C Veterinary uses C — — — — — — — Applicable Notes: 3. Only when in conjunction with dwellings. 10. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 11. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.08.030 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. Maximum lot coverage by principal and accessory buildings shall be: … 4. Not more than 50 percent in the R-4 district. 5. There shall be no maximum lot coverage in the R-5 district. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.08.040 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumulative. These minimums assume a lack of development constraints. Each lot must have a usable lot area of at least 50 percent of the total minimum lot area. Lots less than 3,000 square feet or 25 feet wide may limit their ability to comply with other required standards of the municipal code. 340 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 7 of 42 Table 38.08.040-1 Lot Area Table Use Type Minimum Lot Area in Square Feet1 R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single-household dwelling See subsectio n C of this section 5,000 1 5,000 1 5,000 1 5,000 1 3,0001 , 9 5,000 1 5,000 1 Single-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 43)7 2,7008 2,700 8 2,700 8 2,700 8 2,700 8 2,7008 2,700 8 2,700 8 Two-household dwelling - - 6,000 6,000 6,000 5,000 6,000 - Two-household dwelling (only for dwellings to satisfy minimum requirements of chapter 38, article 43)7 - - 2,500 2,500 2,500 2,500 2,500 - Lot area per dwelling in three- or four-household dwelling configurations - - - 3,000 3,000 None1 0 3,000 - Lot area per dwelling in three- or four-household dwelling configurations (only for dwellings to satisfy minimum requirements of chapter 38, article 43)7 - - - 2,500 2,500 None1 0 2,500 - Townhouses - - 3,000 6 3,000 2 3,000 2 None9 , 10 3,000 2 - Townhouses (only for dwellings to satisfy minimum requirements of chapter 38, 2,500 2,500 2,500 2,500 2,500 None9 , 10 2,500 2,500 341 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 8 of 42 Use Type Minimum Lot Area in Square Feet1 R-S R-1 R-2 R-3 R-4 R-5 R-O RMH article 43)7 Apartments - first dwelling - - - - 5,000 None1 0 5,000 - Apartments - each dwelling after the first - - - - 1,200 None1 0 1,200 - Apartments - each dwelling after the first (only for dwellings to satisfy minimum requirements of chapter 38, article 43)7 - - - - 900 None1 0 900 - Additional area required for an accessory dwelling unit3 1,0004 1,000 1,000 5 1,000 5 1,000 5 None1 0 1,000 5 - All other uses 5,0001 5,000 1 5,000 1 5,000 1 5,000 1 None1 0 5,000 1 5,000 1 Applicable Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed; for example for corner lots, parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 9. Lots less than 5,000 square feet created on or after February 5, 2016 may be subject to the affordable housing provisions of article 43 of this chapter. 10. Lot sizes may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a lack of development constraints. All lots must conform to development standards for provision of public and private utilities. Table 38.08.040-2 Lot Width Table Use Type Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH 342 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 9 of 42 Use Type Minimum Lot Width in Feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single- household dwelling See subsection C of this section 50/402 50/402 50/402 50/402 35/252 50/402 50/402 Single- household dwelling (only for dwellings to satisfy requirements of chapter 10, article 8) See subsection C of this section 30 30 30 30 30 30 30 Two household dwelling - - 60/502 60/502 50/502 50/402 50/502 - Accessory dwelling unit1 50 50/402 60/502 60/502 60/502 None3 60/502 - Dwellings in three- or four- household dwelling configurations - - - 60 60 None3 60 - Townhouses 30 30 30 Width of interior units Width of interior units Width of interior units Width of interior units - All other uses See subsection C of this section 50 50 50 50 None3 50 50 Applicable Notes: 2. When the lot is adjacent to an alley and vehicle access is taken only from that alley. 343 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 10 of 42 3. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.08.050 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. Minimum yards required for the R-1, R-2, R-3, R-4, R-5, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the city growth policy, 25 feet (except 15 feet minimum in the R-5 district). b. Adjacent to collector streets as designated in the city growth policy, 20 feet (except 15 feet minimum in the R-5 district). c. Adjacent to local streets (or any street in the R-5 district), 15 feet. d. Porches and covered entries in the R-5 district may project up to six feet into the front yard area except where front yard utility easements prevent such projections. 2. Rear yard: 20 feet. a. Adjacent to arterial streets as designated in the city growth policy, 25 feet. 3. Side yard: five feet; or zero feet for interior walls of townhouses. 4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 5. See 38.21.050 for setbacks and related standards associated with detached accessory buildings (including garages). Section 8 That the Bozeman Municipal Code be amended by amending Section 38.08.060 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: Maximum building height for each residential district shall be as follows: Table 38.08.060 Residential Building Height Table 344 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 11 of 42 Roof Pitch in Feet Maximum Building Height in Feet R-S R-1 R-2 R-3 R-4 R-51 R-O RMH Less than 3:12 24 24 24 32 34 44 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 48 38 28 6:12 or greater but less than 9:12 34 32 32 40 42 52 42 32 Equal to or greater than 9:12 38 36 36 42 44 54 44 36 Applicable Notes: 1 An area, not to exceed a total of 10 percent of the building footprint, may extend above the maximum building height by up to 12 feet. Such elements may include stair or elevator penthouses, service elements, or habitable area and shall be set back from the edge of the building by at least 5 feet (see Figure 38.08.060 below for an example) to reduce the visibility of such feature). Figure 38.08.060. Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided they occupy no more than 10 percent of building’s footprint and are setback from the edge of the building by at least five feet to reduce their visibility from the ground level. Section 9 That the Bozeman Municipal Code be amended by amending Section 38.08.080 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 345 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 12 of 42 A. New residential development shall provide a minimum net density. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire development. 1. Minimum densities are: a. R-S — None. b. R-1, R-2, R-3, RMH — five dwellings per net acre. c. R-4 — eight dwellings per net acre. d. R-5 — eight dwellings per gross acre. e. R-O — six dwellings per net acre when residences are the primary use of the land. Section 10 That the Bozeman Municipal Code be amended by adding Section 38.08.090 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: All development within the R-5 district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. Section 11 That the Bozeman Municipal Code be amended by amending Section 38.10.010 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 3. The intent of the B-2M community business district - mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multifamily residential uses as a secondary use. Section 12 That the Bozeman Municipal Code be amended by amending Section 38.10.020 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 346 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 13 of 42 Table 38.10.020 Table of Commercial Uses Authorized Uses B-1 B-2 B-2M B-3 Ambulance service — P P P Apartments and apartment buildings6, as defined in this chapter P P1/C P10 P3 Arts and entertainment center, as defined in this chapter P P P P Automobile fuel sales or repair, as defined in this chapter C C C C Automobile parking lot or garage (public or private) P P P P Automobile washing establishment C P P C Banks and other financial institutions P P P P Business, technical or vocational school — C C P3 Bus terminals — C C C Community centers P P P P3 Community residential facilities with eight or fewer residents P P1/C P1/C P3 Community residential facilities serving nine or more residents — C C — Convenience uses C P P C Convenience use restaurant P P P P Day care centers P P P P Essential services Type I A A A A Essential services Type II P P P P Essential services Type III C9 P P C9 Extended-stay lodgings — P P P Food processing facilities — C C — Frozen food storage and locker rental — P P — Health and exercise establishments P1/C P P P Hospitals — P P C Hotel or motel — P P P 347 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 14 of 42 Table of Commercial Uses Authorized Uses B-1 B-2 B-2M B-3 Laboratories, research and diagnostic — P P P3 Laundry, dry cleaning — C C C Light goods repair, as defined in this chapter — C C A Lodginghouses — C C10 C3 Manufacturing, artisan P P P P8 Manufacturing, light — C C C3 Manufacturing, light and completely indoors — C C — Mortuary — C C C Museum — C C C Medical and dental clinics P1/C P P P Meeting hall — P P P Offices, as defined in this chapter P1/C P P P3 Other buildings and structures typically accessory to permitted uses A A A A Parking facilities P P P P3 Personal and convenience services, as defined in this chapter P P P P Pet grooming shop P P P P Printing offices and publishing establishments — — — C Private club, fraternity, sorority or lodge — P P P Public buildings P P P P Refuse and recycling containers A A A A Research laboratories — P P P Restaurants P5 P P P Retail uses, as defined in this chapter P2 P2 P2 P2 Retail, large scale — P P — Sales of alcohol for on-premises consumption7 C C C C 348 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 15 of 42 Table of Commercial Uses Authorized Uses B-1 B-2 B-2M B-3 Sign paint shops (not including neon sign fabrication) — P P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) — P P P3 Veterinary clinic — C C — Wholesale distributors with on-premises retail outlets, providing warehousing is limited to commodities which are sold on the premises — C C — Wholesale establishments that use samples, but do not stock on premises — P P P Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of article 20 of this chapter C C C C Applicable Notes: 1. When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 10. Non-residential uses are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated Storefront Streets per section 38.44.010. Section 13 That the Bozeman Municipal Code be amended by adding Section 38.10.030 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. In the B-1, B-2, B-2M and B-3 districts, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as allowed by article 25 of this chapter. 349 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 16 of 42 Section 14 That the Bozeman Municipal Code be amended by amending Section 38.10.040 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. All newly created lots shall have a minimum area adequate to provide for required yards and parking but in no case shall they be less than: 1. B-1: 5,000 square feet. 2. B-2 and B-2M: No minimum size. 3. B-3: No minimum size. B. Lot width for all newly created lots shall not be less than: 1. B-1: 50 feet. 2. B-2: 100 feet, except in conservation overlay district shall have no minimum width. 3. B-2M: No minimum width. 4. B-3: No minimum width. Section 15 That the Bozeman Municipal Code be amended by amending Section 38.10.050 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: A. Minimum yards required for the B-1 and B-2 districts are: 1. Buildings: a. Front yard: seven feet, except along arterials where minimum is 25 feet. b. Rear yard: ten feet. c. Side yards: five feet (except zero lot lines as allowed by section 38.21.060). 2. Parking and loading areas: a. Front yard: 25 feet. b. Rear yard; ten feet.1 c. Side yards: eight feet.1 1 Side and rear yards for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is provided. 350 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 17 of 42 3. The purpose of differentiated yard setback requirements is to encourage the placement and development of buildings in a manner to address the street and adjacent pedestrian activity and encourage a vigorous and diverse streetscape. 4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless explicitly authorized otherwise under this chapter. 5. Rear and side yards adjacent to alleys shall be at least five feet. B. Minimum yards required for the B-2M districts are: 1. Buildings: a. Front yard provisions are set forth in the block frontage standards in section 38.44.010. b. Rear yard: ten feet (five feet for accessory buildings); c. Side yard: five feet (except zero lot lines as allowed by section 38.21.060). 2. Parking: a. Front yard provisions are set forth in the block frontage standards in section 38.44.010. b. Rear yard: five feet.1 c. Side yard: five feet.1 1 Side and rear yards for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties is provided. C. Minimum yards required for the B-3 district are: 1. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Babcock Streets. 2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district is presently used for residential purposes the minimum yards established in subsection A of this section shall be required. 3. Rear and side yards adjacent to alleys shall be at least five feet. D. All yards shall be subject to the provisions of sections 38.16.060, 38.20.060, 38.22.100, 38.23.100, and 38.25.100, when applicable. Section 16 That the Bozeman Municipal Code be amended by amending Section 38.10.060 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 2. In the B-2 district: a. Roof pitch less than 3:12: 38 feet. b. Roof pitch 3:12 or greater: 44 feet. 351 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 18 of 42 c. Maximum height allowed by subsections 2.a and b of this section may be increased by up to a maximum of 50 percent when the B-2 zoning district is implementing a regional commercial and services growth policy land use designation. d. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the approval of a conditional use permit, but only when the additional height is a specifically identified purpose of the review. 3. In the B-2M district: a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided the top floor of five-story buildings within 30 feet of the front property line feature must have a stepback of at least ten feet from the front face of the building. Figure 38.10.060. The top floor of five story buildings within 30 feet of a street property line shall feature a ten-foot stepback along the front façade to reduce the perceived scale of the building. b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less). c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may extend above the maximum building height by up to 12 feet. 4. In the B-3 district: a. In the B-3 district core area: 55 feet. b. In the B-3 district outside of the core area: 70 feet. 5. In all districts, all commercial floor space provided on the ground floor of a building shall have a minimum floor-to-ceiling height of 12 feet, except where otherwise noted. 352 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 19 of 42 Section 17 That the Bozeman Municipal Code be amended by adding Section 38.10.070 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: All development within the B-2M district shall conform to chapters 1 through 4 of the design objectives plan established pursuant to article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this chapter, the standards of this chapter shall govern. Section 18 That the Bozeman Municipal Code be amended by amending Section 38.21.060.C.2 to read as follows with text amendments underline in with all other portions of the section remaining unchanged: 2. A 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy, except within the B-2M and the B-3 district. Section 19 That the Bozeman Municipal Code be amended by amending Section 38.25.025 to read as follows with text amendments with strikeout and underline in with all other portions of the section remaining unchanged: A. All above ground structured parking facilities, regardless of location within the city, shall conform to chapters 1 through 4 of the design objectives plan established in pursuant to article 17 of this chapter. In the event of a conflict between the design objectives plan and the standards of this section, the standards of this section shall govern. Exceptions: 1. Except: Single-household dwellings and individual townhouse and condominium units, and duplexes with physically separated individual driveways. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space, a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length is provided between the parking area in the driveway and dividing the garage entrance; and 353 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 20 of 42 2. For development in the R-5 and B-2M districts, the applicable structured parking provisions in article 44 (Block Frontage Standards) shall take precedence over any conflicting provisions of article 17 or related standards in this section. Section 20 That the Bozeman Municipal Code be amended by amending Section 38.10.040 to read as follows with text amendments with strikeout and underline in with all other portions of the section remaining unchanged: A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required the fractional space is not required to be provided. 1. Residential uses. a. Minimum requirements. The number of spaces shown in Table 38.25.040-1 shall be provided subject to the adjustments allowed in this subsection 1. The number of disabled parking stalls as required by Table 38.25.040-6 shall be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes shall identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. Table 38.25.040-1 Dwelling Types Parking Spaces Required Per Dwelling Efficiency unit 1.25 (1.0 in R-5 and B-2M districts) One-bedroom 1.5 (1.25 in R-5 and B-2M districts) Two-bedroom 2 (1.75 in R-5 and B-2M districts) Three-bedroom 3 (2.5 in R-5 and B-2M districts) Dwellings with more than three bedrooms 4 (3 in R-5 and B-2M districts) 2. Nonresidential uses. c. Adjustments to minimum requirements. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Use of this section shall not be considered as joint use of parking or off-site parking regulated by sections 38.25.050 and 38.25.060 nor shall the use of this section 354 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 21 of 42 preclude the use of other sections of this chapter which may have the effect of reducing the required amount of on-site parking. More than one adjustment may apply. Multiple adjustments are added together to modify the minimum required parking from Table 38.25.040-3 in a single operation. Multiple adjustments are not applied sequentially. (5) The first 3,000 gross square feet of a nonresidential building within the B-3 district or adjacent to designated Storefront block frontage per section 38.44.010 is not required to provide included in the calculation of required parking. (7) In the B-2M district, one parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. For developments with both residential and non-residential uses, such parking may only be used to meet the parking requirements for the use closest to the subject parking spaces. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances cannot be considered when calculating the required number of on-street parking spaces. Section 21 That the Bozeman Municipal Code be amended by adding Section 38.44 to read as follows: 38.44.010 Block frontage. A. Applicability. The provisions of this article apply only to the R-5 and B2-M districts. B. Purpose. 1. To provide standards to implement the growth policy and applicable adopted sub-area plans; 2. To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment; and 3. To provide standards that recognizes the need for a system of streets and block frontages. C Community design framework map. 1. Figure 38.44.010.A identifies the block frontage designations for existing and future streets within the B-2M district along, adjacent to and near North 7th Avenue. 2. All block frontages within the R-5 district are subject to the landscape block frontage provisions. 3. The block frontage designations apply to development on both sides of a street, except for sites that are not within the B-2M or R-5 districts. 4. Subsection D describes the standards for each block frontage designation. 355 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 22 of 42 5. New streets in the B-2M district shall be designated with one of the four block frontage designations by the City prior to street dedication or other applicable development approval based on adopted goals and policies and existing and/or planned site context. 356 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 23 of 42 357 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 24 of 42 Figure 38.44.010.C. Community design framework map for the B-2M district. D. Departures. The review authority may approve an alternative to comply with a block frontage standard if the proposed alternative meets the intent of the existing block frontage standard. The block frontage standards where departures are available are identified by the  symbol. Certain standards where departures are available have required departure criteria that must be satisfied prior to approval. E. Block frontages and standards. Figure 38.44.010.E summarizes standards for each of the four designated block frontage types. Specific standards for each of the block frontage types set forth below: Figure 38.44.010.E Summary of block frontage standards. 1. Storefront block frontage. a. Description/intent. Storefront block frontages are intended to be among the most vibrant and active shopping and dining areas within the city. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries. b. Vision. Figure 38.44.010.E.1 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a storefront block frontage. 358 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 25 of 42 Figure 38.44.010.E.1. Storefront vision and standards. c. Standards. All development within the B2-M and R-5 districts designated as storefront block frontage must comply with the following standards: Element Standards Examples & Notes Ground floor Land use Non-residential uses specified in 38.10.020, except for lobbies associated with residential or hotel/motel uses on upper floors. Floor to ceiling height 13’ minimum (applies to new buildings only) Retail space depth 20’ minimum (applies to new buildings only) Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space. 359 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 26 of 42 Element Standards Examples & Notes Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground floor between 30” and 10’ above the sidewalk.  Display windows may count for up to 50% of the transparency requirement provided they are at least 30” in depth to allow for changeable displays. Tack-on display cases shall not qualify as transparent window areas. Weather protection Weather protection with 8-15’ vertical clearance at least 5’ in average depth along at least 60% of façade.  Retractable awnings may be used to meet these requirements. Parking & driveways Also see article 25 of this chapter for related parking requirements New surface and structured parking areas (ground floor) shall be placed to the side or rear of structures and are limited to 60’ of street frontage.  Provide a 6’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of article 26.  Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buffer zone with street trees) 360 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 27 of 42 d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria: (1) RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; (2) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; (3) WEATHER PROTECTION: Other proposed alternative design treatments must provide equivalent weather protection benefits; and (4) PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 2. Mixed block frontage. a. Description/intent. The mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment. b. Vision. Figure 38.44.010.E.2.b provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a mixed block frontage. OR Storefront Landscaped Frontage Figure 38.44.010.E.2.b. Mixed block frontage options and standards. 361 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 28 of 42 c. Standards. All development within the B2-M and R-5 districts designated as mixed block frontage must comply with the following standards: Element Standards Examples & Notes Ground floor Land use See 38.10.020 for authorized uses details. Floor to ceiling height 13’ minimum for storefront buildings and areas where ground floor commercial uses are required (applies to new buildings). Ground floor height, residential uses For buildings within 15’ of a sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. The intent is to ease the transition between a home and the public area, improve privacy for the residential units, and increase opportunities for social exchange. Retail space depth 20’ minimum (applies to new buildings only) Building placement Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above. The minimum setback for buildings with ground floor residential uses is 10’.  Covered or uncovered porches may project up to 6’ into the front setback. Building entrances Building entrances shall be visible and directly accessible from the street. For uses that front on multiple mixed designated block frontages, an entry 362 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 29 of 42 Element Standards Examples & Notes along both streets is encouraged, but not required. Façade transparency Generally, the amount of transparency of facades depends on the use and setback from the street. Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above.  Other buildings designed with non-residential uses on the ground floor within 10’ of sidewalk, at least 40% of the ground floor between 4’-8’ above the ground level surface.  Other buildings designed with non-residential uses on the ground floor within 20’ of the sidewalk, at least 25% of the ground floor between 4’-8’ above the ground level surface.  Residential buildings, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows shall be provided on all habitable floors of the façade. Façade transparency - residential building example. Weather protection Any storefront buildings on these block frontages must meet the Storefront block frontage weather protection standards above.  Otherwise, provide weather protection at least 3’ deep over primary business and residential entries. 363 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 30 of 42 Element Standards Examples & Notes Parking & driveways Also see article 25 of this chapter for related parking requirements Parking shall be placed to the side, rear, below or above uses. For multi- building developments, surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage.  New surface and structured parking areas (ground floor) shall be placed to the side or rear of structures and are limited to no more than 50% of the street frontage.  Private or shared garage entries shall occupy no more than 50% of façade width. Provide a 10’ minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of article 26 of this chapter.  New parking structures shall feature landscaped setbacks at least 10’ in width.  Landscaping Also see article 26 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant A good example of low level 364 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 31 of 42 Element Standards Examples & Notes materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. Sidewalk width Where Storefront buildings are proposed, sidewalks shall meet Storefront block frontage standards above. Otherwise, 6’ minimum sidewalks are required adjacent to arterial streets and public parks and 5’ minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria: (1) RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; (2) MINIMUM SETBACK: For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. 365 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 32 of 42 Figure 38.43.010.C.2.d. Stoop examples. (3) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; (4) WEATHER PROTECTION: Other proposed alternative design treatments must provide equivalent weather protection benefits; and (5) PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 3. Landscaped block frontage. a. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk. This designation applies to all new and existing streets in applicable residential districts plus includes residential based streets and other streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired. b. Vision. Figure 38.44.010.E.3 provides a depiction of relationship between the street, sidewalk and storefront for a property designated for a landscaped block frontage. 366 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 33 of 42 Figure 38.44.010.E.3. Landscaped block frontage vision and key standards. c. Standards. All development within the B2-M and R-5 districts designated as mixed block frontage must comply with the following standards: Element Standards Examples & Notes Ground floor: Land use See 38.10.020 for permitted use details. Ground floor height, residential uses For buildings within 15’ of sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. Building placement 10’ minimum setback from the sidewalk is required. 367 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 34 of 42 Element Standards Examples & Notes Building entrances Building entrances shall be visible and directly accessible from the street.  For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Façade transparency For buildings designed with ground level non-residential uses, at least 25% of the ground floor between 4’-8’ above the sidewalk.  For residential uses, at least 15% of the entire façade (all vertical surfaces generally facing the street).  Windows shall be provided on all habitable floors of the façade. Façade transparency - residential building example. Weather protection Provide weather protection at least 3’ deep over primary business and residential entries. Parking & driveways Also see article 25 of this chapter for related parking requirements Parking shall be placed to the side, rear, below or above uses. For multi-building developments, surface and structured parking areas (ground floor) are limited to no more than 50% of the street frontage.  Private or shared garage entries shall occupy no more than 50% of façade width. Provide a 10’ minimum buffer of landscaping between the 368 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 35 of 42 Element Standards Examples & Notes street and off street parking areas meeting the performance standards of article 26 of this chapter.  New parking structures shall feature landscaped setbacks at least 10’ in width.  Landscaping Also see article 26 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. Sidewalk width 6’ minimum sidewalks are required adjacent to arterial streets and public parks and 5’ minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria: 369 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 36 of 42 (1) RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; (2) BUILDING DEPTH. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic mat warrant some flexibility to this standard (particularly in residential districts). (2) FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; (4) PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. 4. Other block frontages. a. Description/intent. All other block frontages in districts that are not designated in Community Design Framework Maps are provided greater flexibility with regards to the design of development frontages. These block frontages includes a combination of side streets (where most uses often front on other adjacent streets), service oriented streets (often characterized by industrial or service types of uses), and heavy arterial streets. While there is greater flexibility in the amount of transparency of facades and the location of surface and structured parking, design parameters are included to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city. b. Standards. Element Standard Examples & Notes Ground floor land use Land use See 38.10.020 for permitted use details. Ground floor height, residential uses For buildings within 15’ of sidewalk, elevate between 2’ to 5’ above the sidewalk level, except for designated ADA accessible units. Building placement Where allowed in the applicable zoning district, buildings may be 370 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 37 of 42 Element Standard Examples & Notes placed up to the sidewalk edge provided Storefront block frontage standards above are met (except where otherwise noted herein). The minimum setback for buildings with ground floor residential uses is 10’.  Covered or uncovered porches may project up to 6’ into the front setback. Building entrances Building entrances facing the street are encouraged. At a minimum, at least one building entry visible and directly accessible from the street is required. Where buildings are setback from the street, pedestrian connections are required from the sidewalk. Façade transparency For storefronts, at least 60% of ground floor between 30” and 10’ above the sidewalk is required.  Other buildings designed with non-residential uses on the ground floor within 10’ of sidewalk, at least 30% of the ground floor between 4’-8’ above the sidewalk.  Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street).  Façade transparency - residential building example. Weather protection At least 3’ deep over primary business and residential entries. Parking location Also see article 25 of this chapter for related parking There are no parking lot location restrictions, except that a 10’ buffer of landscaping between the street and off street parking areas meeting the performance 371 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 38 of 42 Element Standard Examples & Notes requirements standards of article 26 of this chapter.  Landscaping Also see article 26 of this chapter for related landscaping standards The area between the street and building shall be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street. Sidewalk width Where Storefront buildings are proposed, sidewalks shall meet Storefront block frontage standards above. Otherwise, 6’ minimum sidewalks are required adjacent to arterial streets and public parks and 5’ minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where significant pedestrian traffic is anticipated. d. Departure criteria. Departures to the above standards that feature the  symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria: (1) MINIMUM SETBACK. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge alone the sidewalk. 372 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 39 of 42 (2) FAÇADE TRANSPARENCY. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. 5. Where a property fronts onto multiple streets/frontage designations. Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications: a. Where a conflict exists between frontage standards, the review authority will apply the standards of a block frontage pursuant to the following order of preference:: i. Storefront; ii. Mixed; iii. Landscaped; then iv. Other. Items b-e below clarify how the order of preference works for particular frontage elements. b. Building Location: For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more). c. Entrances: For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance shall be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry shall be placed on the order of preference identified above.  Departures may be considered provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street. d. Transparency: For corner sites – at least one block frontage must meet the applicable transparency standards (based on the order of preference above. For the second block frontage, the review authority may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern). e. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: i. Corner lots with non-designated frontages (other) on both streets; ii. Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria. 373 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 40 of 42 Figure 38.44.010.C.5. Clarifying block frontage standards on street corners. Section 22 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 23 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 374 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 41 of 42 Section 24 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 25 Codification. This Ordinance shall be codified as indicated in Sections 2 – 13. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of July 2014. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ______ day of ___________, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ City Clerk 375 Ordinance No. 1942, Creation of R-5, B-2M, and Article 44 Block Frontages Page 42 of 42 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 ____ of __________________, 2016. The effective date of this ordinance is _____, __________, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 376 Page 1 of 4 ORDINANCE NO. 1943 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 244.1± ACRES GENERALLY LOCATED IN AND AROUND THE MIDTOWN AREA OF THE CITY OF BOZEMAN TO R-5 MIXED-USE HIGH DENSITY RESIDENTIAL DISTRICT, B-2M, COMMUNITY BUSINESS DISTRICT-MIXED, PLI PUBLIC LANDS AND INSTITUTIONS, AND B-3 CENTRAL BUSINESS DISTRICT. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to change existing zoning classifications of R-3 (Medium Density Residential District, R-4 (High Density Residential District) and B-2 (Community Business District) for approximately 244.1 acres of property to R-5 (Mixed-Use High Density Residential District), B-2M (Community Business District-Mixed), PLI (Public Lands and Institutions), and B-3 (Central Business District) has been properly submitted, reviewed and advertised; and 377 Ordinance No. 1943, Midtown District Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public hearing on April 5, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant subject to contingencies necessary to complete adoption by ordinance; and WHEREAS, after proper notice, the City Commission held its public hearing on April 11, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the City of Bozeman zoning district map is amended to designate the property described herein as “R-5” (Mixed-Use High Density Residential District), "B-2M" (Community Business District-Mixed), “PLI” (Public Lands and Institutions) and “B-3” (Central Business District): Multiple tracts within the municipal boundaries of the City of Bozeman as shown on Exhibits A, B, C, and D attached hereto and hereby by this reference made part of Ordinance No. 1943. Said area being 244.1 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances 378 Ordinance No. 1943, Midtown District Zone Map Amendment Page 3 of 4 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after adoption and upon annexation of any tract into the City. 379 Ordinance No. 1943, Midtown District Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___________ day of _________ 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ 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 ______ of ____________________, 2016. The effective date of this ordinance is _____, __________, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 380 2692 ft1993 ft1223 ft 992 ft 1162 ft 933 ft1095 ft 1068 ft 832 ft 804 ft753 ft696 ft695 ft 692 ft 638 ft 608 ft 600 ft511 ft439 ft376 ft335 ft313 ft 302 ft 296 ft284 ft275 ft 260 ft 198 ft192 ft 175 ft174 ft 173 ft170 ft148 ft61 ft0°180°90° 91° 270°1°271°360°8°179°360°90°1°90°180°270°180°0°91° 270° 270°1°90° 90° 270° 271°N 7TH AVE W OAK ST N 5TH AVE W MAIN ST W OLIVE ST W BEALL ST W LAMME ST N 9TH AVE DURSTON RD N 3RD AVE W VILLARD ST N 10TH AVE N 11TH AVE N 14TH AVE W MENDENHALL ST N 15TH AVE N 12TH AVE W PEACH ST N 4TH AVE JUNIPER ST N 8TH AVE W TAMARACK ST W BABCOCK ST N 6TH AVE S 8TH AVE S 9TH AVE S 7TH AVE S 11TH AVE S 10TH AVE W ASPEN ST HEMLOCK ST MATHESON WAY CARSON PL S 6TH AVE S 4TH AVE MANZANITA DR CRABAPPLE DR MAE ST S 3RD AVE W JUNIPER ST ROY ST IVAN AVE ROYAL CT N 11TH AVE S 8TH AVE N 8TH AVE W BABCOCK ST N 3RD AVE N 11TH AVE N 7TH AVE N 9TH AVE Legend Midtown Boundary LinesMidtown Zoning TypesB-2MR-5B-3PLI Revised: 3/28/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Proposed District Boundaries 0 500 1,000250Feet $ B-2M R-5 B-3 R-5 PLI B-2M 271 180197 ft 270168 ft 180180270 180270 96 294 0180Exhibit A 381 932 ft923 ft832 ft 753 ft 509 ft1998 ft434 ft 428 ft362 ft280 ft 262 ft 247 ft162 ft691 ft685 ft137 ft 135 ft 130 ft 119 ft 129 ft36 ft247 ft0°178°272°270°208°271°359°89°180°90° 91°0°270°0°178°359°180°B-2M R-5 PLI N 5TH AVE N 7TH AVE N 4TH AVE W PEACH ST DURSTON RD N 9TH AVE N 6TH AVE N 10TH AVE W SHORT ST N 7TH AVE W SHORT ST Proposed District Boundaries Midtown Central ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 270 Revised: 3/28/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only.225Exhibit C 382 2694 ft926 ft 863 ft1993 ft1998 ft703 ft696 ft554 ft511 ft 430 ft 313 ft 192 ft 191 ft 168 ft 685 ft691 ft0°180°91° 90°178°360°270° 96° 87°0°0°91° B-2M R-5 PLI W OAK ST N 7TH AVE W TAMARACK ST N 5TH AVE HEMLOCK ST N 11TH AVE N 8TH AVE N 9TH AVE W BIRCH ST W JUNIPER ST ROYAL CT N 7TH AVE Proposed District Boundaries Midtown North ´0 250 500125Feet Legend Midtown Zoning Dimensions 90 Revised: 3/28/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit B 90 383 992 ft 804 ft600 ft362 ft 331 ft296 ft231 ft208 ft207 ft199 ft198 ft197 ft 1261 ft 192 ft 190 ft186 ft181 ft 176 ft 174 ft 150 ft141 ft 134 ft 113 ft 76 ft60 f t923 ft932 ft48 ft25 ft76 ft190 ft 60 ft90°1°180°360°8°270°359°134°182°271°360°270° 90° 270°180°180°270°360°270° 270°180°B-2M R-5 B-3 W BEALL ST W LAMME ST W VILLARD ST N 9TH AVE N 5TH AVE N 7TH AVE N 10TH AVE W MENDENHALL ST N 11TH AVE N 8TH AVE N 8TH AVE N 7TH AVE Midtown Districts Dimensions Southern Zones 270 359270360360 360180360345´0 250 500125Feet Legend Midtown Zoning Dimensions Revised: 3/25/2016 This map was created by theCity of BozemanGIS Department Intended for Planning purposes only. Exhibit D 384