HomeMy WebLinkAbout21381 CDB Legal Web Notice REVISED- final 9-13-2023REVISED NOTICE OF PUBLIC HEARINGS TO REPEAL AND ENTIRELY REPLACE CHAPTER 38, UNIFIED DEVELOPMENT CODE, OF THE BOZEMAN MUNICIPAL
CODE.
What: The City of Bozeman gives notice of public hearings to consider an ordinance that would repeal the entire Unified Development Code (UDC), Chapter 38 BMC and replace it with a new UDC. The repeal and replacement includes both the text of the UDC and the City’s zoning district map. The UDC establishes the procedures and standards for review, development, and
redevelopment of land within the City including subdivision and zoning regulations.
What a complete repeal and replacement means is that all existing elements of the City’s UDC including but not limited to the following are proposed for repeal and subject to change if the UDC replacement ordinance is adopted by the Bozeman City Commission:
• The uses allowed or prohibited in any zoning district and the associated review process
for approval.
• The number, names and purposes of the City’s zoning districts including residential, commercial, mixed use, and industrial districts.
• Standards of land and building development in all zoning districts and for all uses including without limitation building heights and setbacks as well as other regulations controlling building placement and construction.
• Regulations addressing under what circumstances a landowner must provide public or
private infrastructure and the standards for construction of new infrastructure.
• Definitions of all terms used throughout the UDC including those applicable to land uses, application procedures, and others.
• Creation, deletion, consolidation, or other modifications to the nature and location of
zoning districts as shown on the City’s official zoning map.
• Standards for how City officials will interpret the text of subdivision and zoning regulations and the boundaries of zoning districts.
• Which person or entity of the City has the authority to make recommendations or
decisions on land development applications.
• The process for review and decision making for amendments to the zoning text, zoning map, subdivision regulations, site development, interpretation of standards, the method of making appeals from decisions, and other procedures of the UDC.
• Organization, layout, and formatting of the UDC.
• Coordination with State law.
• Location of zoning districts on the zoning map including revisions to boundaries,
application of changes in the zoning text such as consolidation, deletion, or creation of zoning districts and revisions to improve consistency with the future land use map of the Bozeman Community Plan 2020.
THE PUBLIC IS GIVEN NOTICE THAT EVERY COMPONENT OF THE CITY’S
EXISTING LAND USE REGULATIONS IS SUBJECT TO REPEAL AND REPLACEMENT. THIS MEANS THAT CURRENT ZONING AND SUBDIVISION REGULATIONS WILL NO LONGER BE APPLICABLE; SIMILAR STANDARDS MAY BE ADOPTED WITH THE NEW REGULATIONS. IF THE ORDINANCE REPEALING
AND REPLACING THE UDC IS ADOPTED BY THE BOZEMAN CITY COMMISSION THE CITY WILL APPLY THE NEW UDC REGULATIONS TO ALL LAND
DEVELOPMENT AND LAND USES ONCE THE ORDINANCE BECOMES EFFECTIVE.
Further details are provided below. The complete text of the proposed revised UDC and zoning map are available at the project website, engage.bozeman.net/udc.
Why: The City is legally obligated to conform its zoning and subdivision regulations to its
adopted growth policy (land use plan) and supporting issue plans. The revised UDC continues
implementation of the City’s adopted land use plan, housing plan, sustainability plans, and other issue plans. These three named plans were adopted in 2020 and the City’s implementation of its Community Plan has been ongoing. The new UDC also includes changes to aid in user convenience. These changes include increased use of graphics, simplified language, and a
reorganization of the UDC.
Additionally, the 2023 Montana Legislature adopted a new legal framework for land use planning and land development called the Montana Land Use Planning Act (SB382). This new law applies to the City of Bozeman and completely replaces the laws that governed earlier regulations. The City is legally obligated to comply with the new law within a set timeframe.
Therefore, Bozeman must update and replace its regulations to comply with the Montana Land
Use Planning Act.
Bozeman’s land use plan and supporting issue plans provide guidance for how the City of Bozeman will change and grow in the future, and the ways the City can mitigate the impacts of new development.
The Montana Land Use Planning Act emphasizes public involvement during the planning and
policy-making stage rather than during development permitting. The Montana Land Use Planning Act includes new requirements that shifts the scope of and opportunity for public participation to the planning phase (i.e. the adoption of a land use plan and associated issue plans) and the development of regulation phase while limiting opportunities for public
comment at the site-specific development phase. Under the Montana Land Use Planning Act, public participation is limited to only the impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, or during the adoption of zoning regulations and subdivision regulations.
When and Who:
On Monday, September 18, 2023, at 6:00 p.m., the Community Development Board acting in its capacity as the Zoning Commission and Planning Board (Planning Commission) will conduct a public hearing to receive public testimony and consider a recommendation on the repeal and replacement of the UDC. The hearing will occur in the Bozeman Commission Room
at Bozeman City Hall, 121 N. Rouse Ave. Bozeman MT. Members of the public may also
participate remotely via a virtual meeting. Instructions for joining the virtual meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.
If needed, the public hearing may be continued and considered further on additional days, including October 10th and/or October 16th. Continued meetings will also occur at 6 pm at the
same location and via virtual platform.
Separate notice will be provided for public hearings before the City Commission.
How: The proposed repeal and replacement of the UDC will be implemented by adoption of an ordinance by the City Commission after receiving a recommendation from the Community Development Board, considering public comments, and considering the criteria for adopting
regulations under Montana law including laws controlling the adoption of zoning and
subdivision regulations. In addition, as the repeal and replacement is a method for the City to comply with the Montana Land Use Planning Act, the City will also review the proposed UDC under the criteria required by the Montana Land Use Planning Act. The regulations must be consistent with the Bozeman Community Plan 2020 and associated issue plans.
The public may comment orally at the public hearings or in writing at or prior to the public
hearings regarding compliance of this application with the required criteria established in Section 76-2-304, MCA, and Title 76, Chapter 3, MCA, particularly sections 76-3-102 and 76-3-501, MCA Analysis of compliance with criteria of he Montana Land Use Planning Act, Section 21(2) and Section 27(2) will also be provided. The Montana Land Use Planning Act is available at
https://leg.mt.gov/bills/2023/billpdf/SB0382.pdf.
Public comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue to review the proposed replacement UDC and may refine language in response to public comments, and provide analysis of criteria and comments.
The Community Development Board must provide a recommendation on the proposed UDC
repeal and replacement. As part of its recommendation, the Board may suggest alternate text or zoning map designations from what is initially included in the public review draft.
The City Commission will also hold a public hearing to consider the proposed repeal and replacement of the UDC. The City Commission may act to approve, modify, or reject the
proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred to in this notice during the public hearing process. At this time, the City Commission is expected to begin their review on October 24, 2023.
The complete text of the proposed replacement UDC and a draft new zoning map is available through the City’s project website, engage.bozeman.net/udc.
The City invites the public to comment in writing and to attend the public hearings. Written
comments are encouraged and may be directed to City of Bozeman, Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230 or emailed to agenda@bozeman.net. Please reference Application 21381 in all correspondence.
For those who require accommodations for disabilities, please contact Mike Gray, City of
Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD).
Details: The proposed new UDC text and map are complete replacements of all previously adopted land use regulations and the City’s zoning map. The proposal includes changes to standards and location of zoning districts, changes to allowed uses, and changes to development
standards and processes, including the City’s zoning map. Many elements of the new and old regulations and zoning map are not proposed to change; however, to implement policies from
adopted planning documents, like the Bozeman Community Plan 2020, and the new legal
framework established by the Montana Land Use Planning Act, many proposed elements of the new UDC are proposed to change. Below, the City provides notice of key differences in the proposed new UDC. This is not an exhaustive list; as such the public is encouraged to study the entire document and zoning map to understand the full scope and nature of the new regulations.
Formatting, layout, and organization – These proposed changes are unique to Bozeman’s
UDC.
• Each zoning district is portrayed in two sections, one for lot information, and one for building information with key standards identified. See new proposed divisions 38.210,
38.220, 38.230.
• The key standards in each district are connected by hyperlinked references to Rules of Interpretation which provide additional details applicable to each standard. See for example proposed section 38.210.020.
• Increased use of graphics to illustrate standards. See for example proposed section
38.260.110.
• Wording is revised to be less technical and formal.
• The proposed new UDC has been reorganized to place administrative processes at the
end of the UDC and district and use information toward the beginning. See proposed
Article 7 for administrative processes.
Changes to Processes – These process changes listed below are a result of changes in State law.
• An administrative decision maker is assigned to all site development review and decision
making, including variances and preliminary plats, instead of the City Commission, and
removing requirements for public meetings. See proposed section 38.700.010.
• Replacement of criteria required for adoption or amendments to the UDC text or zoning map. The criteria previously used to evaluate additions or changes to the zoning, under
76-2-304, MCA,, no longer apply and as the Montana Legislature, through the Montana
Land Use Planning Act has amended the criteria for evaluating the adoption or amendment of zoning regulations. The Montana Land Use Planning Act also removed the protest provisions for zoning amendments. See proposed division 38.770.
• The administrative appeals process is proposed to change and now has two steps. First, an
administrative decision may be appealed to the planning commission. Second, after the planning commission has heard the appeal a decision of the planning commission may be appealed to the Bozeman City Commission. See proposed section 38.760.030.
• Public notice procedures for individual site development projects and opportunity to
comment has been changed to comply with State law; public comment will be in writing, the time period for public notice and opportunity to comment for text and map amendments increases and continues to have public hearings. See proposed division 38.730.
• Review of individual site development or subdivision no longer includes advisory body input. See proposed divisions 38.740 and 38.750.
• Review of applications submitted prior to the effective date of the proposed regulations
will be subject to the standards in effect on the date an application is deemed sufficient
for review.
Changes to Development Standards and Zoning Districts – The items described below are either a result of changes in State law and /or implement City of Bozeman adopted policies.
• The City proposes to rename most residential districts to avoid confusion with the same
terms being used for different purposes in the building code. An important change is consolidation of the existing RS, R1, R2, and R3 zoning districts into a new R-A zoning district. This change proposes to consolidate allowed uses as well as the name and location of the district. R4 is proposed to be renamed to R-B and R5 is proposed to become R-C. See proposed sections 38.200.020 (lot and building standards) and
38.300.020 (uses within each zoning district.) for the new standards.
• Group living is a defined use (38.800.080) to facilitate shared living opportunities and is proposed to be allowed in all residential districts, including RA. Greek organizations (commonly called fraternities or sororities) will be authorized in zoning districts that
allow group living. The City proposes to repeal the prohibition of fraternities and sororities in the existing R1 and R2 zoning districts and authorize those within group living as a permitted use in the new R-A zoning district.
• The names and definitions of most residential uses are proposed to change to match with
definitions used in State law. See proposed sections 38.300.020 and proposed article 8.
• Deleted the R-O and UMU zoning districts. These districts are proposed to be replaced on the zoning map by an alternative district judged to be a best fit considering existing uses on site, adjacent, and the future land use map of the Bozeman Community Plan 2020 and vary by location and proposed zoning district. See proposed section 38.200.020 and
the proposed zoning map.
• The number and type of zoning districts, along with allowed land uses are proposed to be changed. See proposed divisions 38.200 and 38.300.
• Propose to repeal a requirement that residential lots have a minimum size per home. See
proposed division 38.210.
• The minimum residential density in residential districts is proposed to increase, including providing exceptions to allowable density for existing lots. Minimum residential lot size
is proposed to be deleted. The proposed manner of controlling building volume and
residential density is proposed to rely on a combination of other applicable lot, building, and development standards. See proposed division 38.210 and section 38.260.030
• Required parking for all uses except housing is proposed to change – The proposed requirements are simplified, mixed uses are proposed to be given more flexibility, and the
required quantity of parking generally is proposed to decrease. Some areas may no longer require minimum parking, several alternatives to providing vehicle parking have been removed, including the parking authorizations related to Special Improvement District 565. Parking categories are proposed to be consistent with the names of land uses. Standards for physical configuration of parking have few changes. See proposed sections
38.300.020 and 38.530.040.
• Set a new method to define allowable building heights. The proposal includes changing allowable building heights from a fixed height in feet to a set number of stories in all districts. This provides both site specific flexibility in building design and a general
overall structure and maximum height limits. Wall plate heights are proposed to be established which will limit building maximum size in some districts. See proposed
section 38.260.100.
• Short- and long-term bicycle parking standards are proposed to be established that replace the existing requirements that previously linked bicycle parking amounts to the number of motor vehicle parking spaces. See proposed section 38.530.070.
• Revised the building height transitions between zoning districts. The proposal would require a greater number of circumstances for when a building height transition would be required to provide a less abrupt difference in building heights between adjacent zoning districts. See proposed section 38.260.070.
• The proposal includes replacing the information required with a transportation impact study, modifying functional standards for how streets are allowed to carry traffic, and revising mitigation criteria and methods for when development must off-set the impacts on streets from additional development. See proposed sections 38.400.060 and 38.710.050.
• The proposal includes merging most development standards previously presented as Block Frontage in the existing Article 5 into the individual zoning district standards and the associated rules of interpretation found in the proposed Article 2 and Division 38.520.
Changes to the zoning map – The City’s zoning map implements the Bozeman Community Plan 2020’s future land use map and shows the locations throughout the city where the standards
described in the proposed UDC will apply.
• The R-O district is proposed to be repealed from the zoning text. This requires replacement of the R-O zoning district on the zoning map with alternate districts. Due to the many different locations in the city, and the uses included in the existing R-O, and
future planned uses where R-O is currently located, the replacement zoning districts vary by location.
• Creation of the B-3C zoning district to reflect the unique characteristics and historic nature of the area generally located between the alleyway north of Main Street and north
of Babcock Street and between Grand Avenue and Rouse Avenue.
• Show the locations throughout the city of the proposed RA district (consolidation of the previous RS, R1, R2, and R3 districts) on the zoning map.
• Show the locations throughout the city of the proposed RB (renamed from R4) and RC
(renamed from R-5) districts.
• Apply the Public Land and Institutions (PLI) zoning district to all parks and schools which were previously shown as other zoning districts.
• The B-2M zoning district is proposed to replace most areas of the existing B2 along the Main Street corridor, at Kagy and South 19th, the corner of Baxter and Davis, along College Street, and at other select locations.
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