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ATTACHMENT A: Title 20 Proposed Maintenance Amendments - 2010: Planning Board draft 5-14-2010 Referenced Section(s) & Page Number Issue Suggested Amendment # General 1 20.05.060E (pg 20.05-10), 20.10.050E (pg20.10-6, 20.15.060E (pg 20.15-6), and 20.20.050E (pg 20.20- 5) Reference to the Miscellaneous Section in specific districts: Residential, Business and Commercial, Industrial and Manufacturing Districts, and Open Space and Public Districts are not needed because the Miscellanous chapter only addressed unzoned land at this time. However, a cross-reference to the Overlay District Chapter is appropriate. Strike the reference to Miscellaneous and add a reference to Overlay Districts, See Chapter 20.25. Ch. 20.01 - Introductory Provisions 2 20.01.110.B.1 (pg 20.01-6) Clarify when the transition for site-specific development expires. Make the following revisions: Site-Specific Development Plan Approved Before November 4, 2009 1.Permits may be issued for previously approved, unexpired site-specific development plans in accordance with the approved plan. Site-specific development plans approved before November 4, 2009 will remain valid until November 4, 2011 unless a phasing plan or different lapse of approval date was is approved at the time the site-specific development plan received final approval. 3 20.01.110.B.3 (pg 20.01-6) Clarify types of site-specific development and who may approve these plans. Also address confusion over reference to "subdivision plats." Note: this provision was only intended to address transition for projects reviewed under Title 19 and does not mean that all the forms of development listed continue to be permitted under Title 20. This revision also removes any potential conflicts with other previously established deadlines, as with variances. Make the following revisions: 2 For purposes of this section, "site-specific development plans" are plans or plats submitted by landowner or a landowner's authorized representative describing with reasonable certainty the type and intensity of development to be carried out on a specific parcel and that have been approved by the planning board office of planning and grants, board of adjustment, design review board, or city council. Such plans may be in the form of preliminary subdivision plats or plans, final subdivision plats, planned unit developments, planned neighborhood clusters, conditional uses, or other similar development plans, as determined by the zoning officer." 4 20.01.130 (New section) Clarify that development in overlay districts adopted under Title 19 will continue to be reviewed under Title 19 standards and procedures unless the regulations of Title 20 explicitly state otherwise. This is the same approach as for Special Districts, therefore revise the Special Districts sub- section (20.01.120) to also address overlays. Expand the description of the approach to address development standards. Make the following revisions to sub-section 20.01.120: Special Districts/Overlay Districts established under Title 19: Special zoning distrcits or Overlay Districts approved before November 4, 2009 will continue to be governed by the adopted special zoning district or overlay district regulations according to the last archived version of Title 19 unless the regulations of Title 20 explicitly state otherwise or the districts have been incorporated as a Neighborhood Character Overlay district per Title 20, and unless and until such time as the subject property is rezoned to another zoning classification in accordance with the zoning map amendment procedures of 20.85.050. When development standards in a Special District or an "Overlay District Established under Title 19" refer to Title 19, the "Missoula Zoning Ordinance" (or similar phrase), or are silent regarding additional standards, the standards of the last archived version of Title 19 will apply. Ch. 20.05 - Residential Districts 5 20.05.030B.4 (pg 20.05-5) Amend the description of "two-unit house" to better reflect the previous approach with Title 19. Multi-dwelling building standards are applicable if multiple two-unit houses are located on a single parcel. Amend the paragraph to include this information. More than one two-unit house may be located on a single parcel, subject to compliance with all parcel and building standards, including minimum parcel-area-per-dwelling-unit, and building setback/separation standards, and multi-dwelling building standards (20.40.090A2)." 6 20.05.060.G.1.c (pg 20.05-10) Amend this section to better reflect the approach with Title 19. Generally, sub-section "G.1 - RM2.7 District" is intended to carry forward the restriction to commercial and industrial uses within the old Mixed Use district. Each subsequent sub-section has "commercial and industrial" in the title, clarifying that the restriction only pertains to those uses. The title and first sentence of sub-section 1.c. should include that same reference. Amend the sub-section as follows: Replacement of Commercial and Industrial Buildings: Any commercial or industrial building lawfully established in the RM2.7 district before November 4, 2009 may be replaced or expanded if . . . " Ch. 20-10 Business and Commercial Districts 7 20.10.030 Table 20.10-2[2] (pg 20.10-5) New development should not have to be setback further than the required setback of the adjacent R-zoned district even if the adjacent existing development is built to a greater setback than is required by that same zoning district. Amend the footnote language: Front and street side setbacks are required only when a B- or C-zoned parcel abuts an R- zoned parcel with frontage on the same street. In such cases, the B- or C-zoned parcel must match the actual front or street side setback of the building that exists on the abutting R-zoned parcel, but no greater than the required setback for the abutting R- zoned parcel, or if no building exists on the abutting R-zoned parcel, the B- or C-zoned parcel must provide at least 50% of the front setback that applies to the abutting R-zoned parcel." Ch 20.15 Industrial and Manufacturing Districts 8 20.15.040.B Table 20.15-2 (pg 20.15-4) Amend the minimum parcel area for single-purpose residential to better reflect the previous approach with Title 19. This applies only to the M1R district. Make the following change for Single-purpose residential building: "minimum parcel area: 5,000 3,000 square feet; minimum parcel area per unit: 1,000 square feet." Page 1 of 5 ---PAGE BREAK--- ATTACHMENT A: Title 20 Proposed Maintenance Amendments - 2010: Planning Board draft 5-14-2010 Referenced Section(s) & Page Number Issue Suggested Amendment Ch 20.25 - Overlay Districts 9 20.25.030E (pg 20.25-6) Provide a cross-reference to a new sub-section in Chapter 20.85.060 for the general description of submittal information for a preliminary development plan, since that information was previously available in Title 19. Add the following to the last sentence of subsection E. Developer's Statement of Intent: . . The statement must also include a comparison of the proposed development with the standards of the base zoning district and the submittal information necessary for a Preliminary Development Plan (see 20.85.060. C.1)" 10 20.25.070G (pg 20.25-18) Add a cross-reference to new procedures for historic preservation permit. Amend the second sentence as follows: "In addition to the review criteria that apply for all historic resources (20.85.085 Historic Preservation Permit procedures), proposals in the Historic Fort Missoula Neighborhood Character Overlay district must be reviewed for compliance with the Development Guidelines and Standards for the Fort Missoula Historic District, . . " Ch 20.40 Use- and Building-Specific Standards 11 20.40.090E. (pg 20.40-8) Amend the Building Design section of Multi-dwelling Building Standards to better reflect the previous approach under Title 19. With Title 19, buildings being converted to multi-dwelling were exempted from complying with 19.74.030E Building Design Standards. Add the following statement under "Building Design": "These building design standards apply to new construction and/or areas of building expansion." 12 20.40.140 (pg 20.40-13) Amend the Townhouse standards to reflect the previous approach with Title 19. The minimum parcel area reference in Title 20 does not correspond with the regulation under Title 19.73.040 and should not require a minimum parcel size. Add a new sub-section B: "Minimum Parcel Size: No minimum parcel area is required." Renumber remaining sub-sections accordingly. Ch 20.45 - Accessory Uses and Structures 13 20.45.050E.8 (pg 20.45-4) Amend the home occupation standards to reflect the approach with Title 19. Home occupations are permitted in a rental unit. Amend the first sentence as follows: "In addition to the resident property business owner, up to 3 nonresident persons, including employees, associates and customers may be present on the property at any time." Ch 20.50 - Natural Resource Protection 14 20.50.010.D and D1 (pg 20.50-2) Amend this section to better reflect the approach with Title 19. This section should refer to allowed density for the overall site rather than appear to limit the calculation to just the "building and disturbed area". Amend the title as follows: D Allowed Density by Average Slope Slope Category. Amend the title of the first column under the associated table as follows: "Average Slope of Building and Distrubance Area Category of Overall Site(%) . Amend the title of the second column under the associated table as follows: Minimum Parcel Area per Dwelling Unit" 15 20.50.010.D.1, associated table (pg 20.50-3) Rows labeled 15-20 and 20.01-25 have inadvertantly used the term parcel in the Minimum Area per Dwelling Unit column Delete the term "parcel" from both rows. 16 20.50.010.F1 (pg 20.50-3) Regulations under F.1 conflicts with the last sentence of E, which states "building and disturbance is prohibited on slopes of greater than 25%. Delete section 20.50.010.F.1 and renumber accordingly. 17 20.50.010.J (pg 20.50-5) The restriction on visible deck supports limits the interior height of a lower floor unreasonably. The standards should be separated into two sub- sections, with separate titles and the "visible deck support" regulation should be modified. Revise J. and establish a new sub-section K. as follows: Exposed Foundations and Visible Deck Supports: The vertical distance between the lowest point where the building line meets existing or finished grade (whichever is lower) and the lowest floor line of the building may not exceed 8 feet in height, and. K. Visible Deck Supports: No portion of the walking surface of a deck or porch with visible columns, posts, piers or other supports may exceed a height of 8 12 feet above finished grade measured from the furthest projecting point of the deck or porch." Renumber the remianing sub-sections accordingly. Ch 20.60 - Parking and Access 18 20.60.020.C Off Street Parking Schedule (pg 20.60-4) Parking Ratio - Area Measurements are based on gross floor area according to Title 20 (20.60.020.D.3) and is a change from the approach to area measurement from Title 19, which was based on net floor area. No adjustment was made in Title 20 for counting a greater area in each parking ratio that uses area measurement. This inadvertently results in an increase in required parking spaces. The difference between gross and net area measurements is approximately 20%. Increase all area measurements for parking ratios, listed under the column "minimum motor vehicle off-street parking ratio," by 20% to account for the difference between net and gross floor area. Note that suggested new calculations based on square footage (below) would also receive the added 20% increase. 19 20.60.020C (pg 20.60-4) There is no parking ratio for go-cart track, driving range, or shooting range that is appropriate for the nature of these uses (requiring large uninhabited area). Add the following specific use type and parking ratio under "Commercial: Sports and Recreation, Participant (except as noted below)": Go-cart, driving range, shooting range, and similar use requiring large uninhabited areas - 1 space for each individual activity (each go-cart, tee area, firing position, etc). 20 20.60.020C (pg 20.60-4) There is no parking ratio for "construction sales and services". Add the following use and parking ratio under "Commercial": Construction Sales and Service - 1 space per employee. 21 20.60.020C (pg 20.60-4) There is no parking ratio for "Nursery/Greenhouse - retail". Address Nursery/Greenhouse as separate parking ratio for indoor sales different than outdoor sales. Add the following specific use type and parking ratio under "Commercial: Retail Sales (except as note below)": Nursery/Greenhouse (Indoor sales) - 1 space per 400 square feet. Amend the Retail Sales sub-type as follows: Furniture, Appliance, Nursery/Greenhouse (outdoor sales), and similar large items. 22 20.60.020C (pg 20.60-4) Amend the parking ratio for "Public/Civic, Religious Assembly" to better reflect the approach with Title 19 and continue to accommodate parking based on number of seats or length of pew. Amend the parking ratio as follows: "1 space per 4 seats or 80 inches of pew or 40 square feet of assembly area." Page 2 of 5 ---PAGE BREAK--- ATTACHMENT A: Title 20 Proposed Maintenance Amendments - 2010: Planning Board draft 5-14-2010 Referenced Section(s) & Page Number Issue Suggested Amendment 23 20.60.020C (pg 20.60-5) There is no parking ratio for "research service". Add the following use and parking ratio under "Commercial": Research Service - 1 space per 300 square feet. 24 20.60.020D.4 (pg 20.60-6) This standard is very confusing. Amend the paragraph to say "For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces." 25 20.60.060. B.2 (pg 20.60-10) Clarify the fact that some alleys may not be appropriate as the access to a parcel, due to topographic, physical or easement constraints. Amend the following statement: "Driveways from streets may not be created in residential zoning districts for parcels with access to an alley except those approved by the City Engineer." 26 20.60.060C (pg 20.60-10) Omission. Amend this section to better reflect Title 19. The requirements for pedestrian walkways has never been applied to two-dwelling and single-dwelling residential. Add the following statement (text from Title 19) to the beginning of this sub-section: Multi-dwelling residential, commercial, industrial and mixed use development shall provide pedestrian walkways. A system of pedestrian walkways is required to connect 27 20.060.110D.1 and a. (pg 20.60-14) Clarification. There is only one set of standards for drive-through facilities so the term "other" is not needed. Strike "other" and "all other". Amend the following statement: D.1. "Other Drive-through facilities" D.1.a. "All other drive-through facilities must provide a stacking lane with a minimum length of 150 feet….." Ch 20.65 - Landscaping 28 20.65.020.A.3 (pg 20.65-2) Clarify that the only landscape requirement that should apply to 3+ Townhouse developments is sub-section 20.65.020.C, and not .D Activity Areas Requirements . . . Amend the following sub-section: "A.3 The general site landscaping requirements of this section 20.65.020.C apply to townhouses." 29 20.65.020B (pg 20.65-2) This language is in the wrong section. Amend this section to better reflect the intent in Title 19 which was for no landscaping requirements to be applied in the CBD district. Title 20 inadvertently limits the exception to just "general site landscaping" in the CBD. Move the statement to section 20.65.010 (pg 20.65-2) and add subsection titled "Exceptions" and amend the requirement as follows: "The general site landscaping requirements of this section chapter do not apply in the CBD district." 30 20.65.030C.1 (pg 20.65-5) This language is not clear. The first sentence implies eliminating the need to landscape in some situations. The second sentence implies the regulation only applies to existing (lawfully established) buildings whereas, it should apply to new or existing buildings. Split the section (containing two sentences) into two sections and and renumber accordingly. Amend the first sentence as follows: Street frontage landscaping areas must extend inward on the parcel at least 10 feet from the edge of all street rights- of-way along the full length of the street frontage, unless the required zoning district setback is less than 10 feet." Amend the second sentence as follows: The following rules apply when the zoning district setback requirement is less than 10 feet and lawfully established the buildings are located within 10 feet of the right-of-way: 31 20.65.050C.1.a (pg 20.65-8) A clarification of "planting" is needed. Add a cross-reference to the buffer section for specifics. Amend the section as follows: "Any combination of berms, planting (20.65.060B2.a), walls or fences that results 32 20.65.060.B.2.b (pg 20.65-10) Provide additional flexibility for locating a fence in association with a buffer. Title 20 requires the fence on the interior which presents concerns over maintenance of the landscape buffer area. Revising the requirement to allow the fence either along a property line (exterior), interior (as written) or some point within the buffer, provides appropriate flexibility. Amend the sub-section as follows: "Provide a landscaped area at least 6 feet in width with a 6-foot solid wall or fence along the interior of or within the buffer area. One deciduous tree is required per 20 linear feet of fence or wall." 33 20.65.070B.3 (pg 20.65-11) The language is not clear regarding screening of trash receptacles on an alley. Add "public rights-of-way other than alleys" to 20.65.070B.3 Amend the sub-section as follows: Trash receptacle areas must be contained and screened from view of public rights-of-way other than alleys streets and all abutting parcels with a solid wall or fence. Ch 20.75 - Signs 34 20.75.070C.1.a (pg 20.75-7) Permanent window signs should be allowed on the exterior of a window. Amend the sub-section as follows: "Permanent window signs affixed to the interior of a ground floor exterior window are permitted. 35 20.75.070C.2.b (pg 20.75-8) Temporary window signs should be allowed on the exterior of a window. Delete the section and renumber accordingly. Ch 20.80 - Nonconformities 36 20.80.020.B.3 (pg 20.80-3) Contiguous nonconforming lots held in common ownership that were created through subdivision approval under Title 19 should not be considered merged under Title 20 and should not be deemed a single parcel for the purpose of meeting applicable parcel area requirements. This would only be an issue for large-lot zoning districts. Parcels remain subject to the density requirements and other zoning standards under Title 20. 20.80.020.B.3 should have the following sub-section added to it: Lots in the R215, R80, R40, R20, and RT10 zone districts that have been rendered non-conforming as to the minimum lot size requirements by the adoption of this ordinance (Title 20) are not subject to 20.80.020.B.3." Page 3 of 5 ---PAGE BREAK--- ATTACHMENT A: Title 20 Proposed Maintenance Amendments - 2010: Planning Board draft 5-14-2010 Referenced Section(s) & Page Number Issue Suggested Amendment Ch 20.85 - Review and Approval Procedures 37 20.85.020C.4 (pg 20.85-3) Application fees should not be refundable given the amount of work involved by staff prior to hearing. Replace the last sentence of this sub-section as follows: " . . . Application fees are nonrefundable unless the application is withdrawn prior to the time that required notices are mailed, posted and submitted for newspaper publication. Application fees are nonrefundable." 38 20.85.050G. (pg 20.85-8) Revise the Review Criteria to only reflect the State Law requirements. The existing language includes additional and/or redundant criteria and may not be worded in the exact way as state law. Amend the section as follows: Strike sub-sections 1 through 7 and replace with: Whether the zoning is made in accordance with a growth policy; 2. Whether the zoning is designed to secure safety from fire and other dangers; 3. Whether the zoning is designed to promote public health, public safety, and the general welfare; 4. Whether the zoning is designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 5. Whether the zoning considers the reasonable provision of adequate light and air; 6. Whether the zoning considers the effect on motorized and nonmotorized transportation systems; 7. Whether the zoning considers the promotion of compatible urban growth; 8. Whether the zoning considers the character of the district and its peculiar suitability for particular uses; and 9. Whether the zoning conserves the value of buildings and encourages the most appropriate use of land throughout the jurisdictional area." 39 20.85.060C (pg 20.85-10) Add a new sub-section to generally describe submittal information for the preliminary development plan, since this information was previously available in Title 19. Add a new sub-section 1 "Description. Each PUD application must include the following: a vicinity map showing relaitonships to surrounding properties, detailed information about the project, proposed and existing transportation systems within and surrounding the project, lot configurations (if applicable), proposed building groups, information about the structures including types, size and location, utility locations, architectural drawings showing the design of each structure, location of recreational, open space, or other public areas, general landscape treatments, and description of organizational structure to address management, provision of services, and any other restrictions." Renumber remaining sub-sections accordingly. 40 20.85.070.I.3 (pg 20.85-15) Clarification and correction. This section should reference applicable use- specific standards. The Design Review Board is not the approving body for this action. Amend the sub-section as follows: 3. that buildings, structues and uses are compatible with adjacent properties and uses in terms of physical deisgn elements such as volume and mass management, building materials, color, open space design, screening, any applicable use-specific standards, and any other design elements considered important by the design review board City Council. 41 20.85.120E (pg 20.85-28) The sub-section is confusing. This is a section about lapse of approval for zoning compliance permits that would suggest that another zoning compliance permit would suffice to address the lapse of approval of an earlier zoning compliance permit. Amend the following sub-sections: Delete b. "a zoning compliance permit has been issued; and", add "and" to a. "a building permit has been issued (if required) and;" Renumber accordingly. Ch 20.90 - Administration 42 20.90.020B.2 (pg 20.90-3) Generalize the description of members and clarify the role of the alternate member. Amend the sub-section as follows: 2. Members must be appointed by the city council, with an effort to achieve a diversity of expertise, background, and interest such as historian, graphic artist, architect, and landscape professional. Such diversity should include: a through f. Add sub-section 3: 3. The alternate member serves in the absence or vacancy of any regular board member. 43 20.90.030B.1 through .3 and .6 (pg 20.90-5) Clarify who the membership of the Historic Preservation Commission is appointed by. In each case the membership is appointed by the City Council. Amend each sub-section to state "appointed by the City Council." 44 20.90.040B.5 (pg 20.90-7) There is an error in the number of Planning Board members appointed. The BCC appoints 2 Planning Board members in this category, Amend the sub-section as follows: one two citizen members who reside outside of a 4.5-mile radius of the city limits, to be appointed by the County Commissioners. Ch 20.100 - Terminology 45 20.100.010 (pg 20.100-2) Billboard, mobile Clarify public transportation vehicles are not mobile billboards. Amend the language to include taxis. Public transportation vehicles Mountain Line buses, and taxis) are not mobile billboards." 46 20.100.010 (pg 20.100-8) Garage Need to clarify "attached" vs. "detached". Add the following sentence to the end of this definition: The primary structure and attached garage must have at least five feet of wall length in common. 47 20.100.010 (pg 20.100-8) Grade, Existing Clarify what is "existing grade" for situations when a final plat is not available. Modify the existing definition and clarify as follows: Grade, Existing: The grade or elevation of the ground surface after as approvaled of with the final plat and before human alteration, such as grading, grubbing, filling, or excavating. In situations when a final plat is not available or the parcel is developed or partially developed, existing grade is the grade that exists at the time of application for building permit/zoning compliance permit. 48 20.100.010 (pg 20.100-11) Multi-dwelling building Clarify that 3+ Townhouse is not a type of multi-dwelling building. This requires clarification especially for applying landscape requirements. Amend the definition as follows: Multi-dwelling Building: A residential building containing 3 or more dwelling units (other than a 3+ townhouse or multi-dwelling house) that share common walls and/or common floors/ceilings. Multi-dwelling buildings are typcially served by one or more private or common building entrances. See 20.05.030. 49 20.100.010 (pg 20.100-21) Single Purpose Residential Clarify that other forms of residential units (such as a single dwelling attached to a commercial use or residential mixed use that does not fit the criteria of vertical mixed use) are also types of single-purpose residential. Amend the definition as follows: "A detached house, lot line house, townhouse, two-unit house, multi-dwelling house, or multi- dwelling building, or any other principal building containing residential dwelling unit(s) other than vertical mixed use." Page 4 of 5 ---PAGE BREAK--- ATTACHMENT A: Title 20 Proposed Maintenance Amendments - 2010: Planning Board draft 5-14-2010 Referenced Section(s) & Page Number Issue Suggested Amendment Ch 20.110 - Measurements and Exceptions 20.110.050.A.1 Illustration (pg 20.110-2) 50 Replace the first illustration with an new illustration that clarifies the approach to applying street-side setbacks and front setbacks on side- streets and continues to illustrate other common lot configurations. Replace the illustration with a new illustration to show street side setbacks (SS), front setbacks front setbacks divided by 1/2 rear setbacks and side setbacks Page 5 of 5