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1 E X E C U T I V E S U M M A R Y CASE PLANNER Laval Means PUBLIC HEARING DATE CC: June 22, 2009 REVIEWED AND APPROVED BY Mike Barton, Senior Planner, Office of Planning and Grants AGENDA ITEM Title 20, Missoula City Zoning Ordinance – City Council Public Hearing Draft (5-29-2009) APPLICANT City Council initiated request LEGAL The legal ad was published in the Missoulian on June 7th and 14th, 2009. NOTIFICATION All owners of City property were notified of the start of the public hearing process before the Planning Board review. Regular email announcements to approximately 500 citizens and interested parties including City agencies, Project Advisory Group Members, Technical Group members For a complete list of Public Meetings and Outreach efforts to date see Attachment A. PROPOSAL To repeal Title 19, also known as Missoula City Zoning Ordinance, in its entirety and establish Title 20, Missoula City Zoning Ordinance, also know as City Council Public Hearing Draft (dated 5-29-09) and repeal Title 2.84, the language describing Historic Preservation Commission in its entirety. RECOMMENDATION To repeal Title 19 in its entirety and to create Title 20, Missoula City Zoning Ordinance, also known as City Council Public Hearing Draft (5-29-2009) as amended by the Planning Board and with additional staff recommended revisions as shown in Attachment B. To repeal Title 2.84, language describing the Historic Preservation Commission, in its entirety. ---PAGE BREAK--- 2 MISSOULA CITY COUNCIL June 22, 2009 I. RECOMMENDED MOTION That the City Council repeal Title 19, also known as the existing Missoula City Zoning Ordinance, in its entirety and establish Title 20, Missoula City Zoning Ordinance as amended by the Planning Board (serving as the Zoning Commission) along with the additional staff recommended revisions as shown in Attachment B; and That the City Council repeal Title 2.84 Historic Preservation Commission in its entirety. II. INTRODUCTION Guided by the Mayor and the City Council, the Missoula Office of Planning and Grants hired a planning consultant (Duncan Associates) in the fall of 2007 to revise the current zoning ordinance. The project is intended to be a comprehensive update of the City’s current ordinance. A comprehensive update of the Missoula City Zoning Ordinance (known as Title 19) has not occurred for over 30 years. Consequently, existing zoning regulations have evolved into a maze of rules and interpretations that do not serve the community well. No changes to existing zoning district boundaries are proposed, however, changes to existing zoning regulations that guide the use of land will be necessary to make the City of Missoula’s ordinance a more current and user-friendly document. III. PLANNING BOARD RECOMMENDATION On May 19, 2009, Planning Board voted unanimously to recommend that City Council approve the Public Hearing Draft, reflecting previous Planning Board motions, with additional amendments. All Planning Board amendments have been incorporated into the City Council Public Hearing Draft (dated 5-29-2009). IV. BACKGROUND On February 28, 2007, Council discussed the OPG workplan which included a limited scope update of the City Zoning Ordinance. At the recommendation of OPG, and over the course of two subsequent PAZ meetings, Council considered expanding the scope of the proposed zoning revisions project to include consideration of a comprehensive rewrite and update to address issues the community identified as problematic and out-of-date. The Mayor was authorized to sign the contract, including the expanded scope, with Duncan Associates in April of 2007. At the Town Hall Meeting in June, 2007, the project was presented as a “comprehensive overhaul of the zoning ordinance.” In the summer of 2007, Duncan Associates began the process of gathering information about the City of Missoula and analyzing the current code. The Office of Planning and Grants worked closely with the consultant to conduct over 80 outreach meetings and listening sessions. A Technical Group composed of Missoula City agency representatives and an Advisory Group composed of community professionals and citizens appointed by the Mayor and City Council were established as sounding boards for the consultant. Duncan Associates presented the first draft of the zoning ordinance to the Technical Group, Advisory Group, and general public over the course of six months for their review and comment. More specific “breakout” type meetings covering issues like affordable housing, electronic signs, and height measurement were also held. OPG also began a series of neighborhood presentations to inform the community about the progress and content of the project. The consultant used the input in drafting a “Consolidated Public Review Draft” for Planning Board and public review. On February 3, 2009, Duncan Associates presented its Consolidated Public Review Draft of revised City Zoning Regulations along with a cover memorandum. On February 11th, OPG presented Planning Board with an update of ---PAGE BREAK--- 3 the code rewrite project, distributed background maps of some existing zoning districts and a summary of policy changes. On February 23, 2009, City Council voted to refer the Consolidated Public Review Draft of the Missoula City Zoning Ordinance, submitted by Duncan Associates, to the Missoula Consolidated Planning Board for its review and recommendation. On March 3, 2009, the Missoula Consolidated Planning Board, serving as the Zoning Commission, held a public hearing to begin consideration of the Consolidated Public Review Draft and an attached Addendum. After taking public comment, the Planning Board continued the hearing to sixteen subsequent meetings, considering public comment at each meeting and deliberating over the content of the document. Summaries of Planning Board motions were made available for each meeting. On May 15, 2009, the consultant delivered a revised public hearing draft, identifying Planning Board recommended revisions to date. On May 19, 2009, the Planning Board voted unanimously to recommend that City Council approve the Public Hearing Draft, reflecting previous Planning Board motions, with additional amendments. On June 1, 2009, City Council scheduled a public hearing to begin consideration of draft Title 20, Missoula City Zoning Ordinance, also known as at the City Council Public Hearing draft (dated May 29, 2009), incorporating Planning Board motions. The City Council Public Hearing draft (dated May 29, 2009) has been available for public review and comment since June 4, 2009. During that time, it has been available for viewing and downloading on the website at www.zoningmissoula.com. Copies of the draft Ordinance have also been available for review at the Missoula County Public Library, as well as at the Office of Planning and Grants. Copies were available for purchase at Denny’s Copy Shop. To assist the general public, current and future zoning code users, the Planning Board and the City Council in their review and understanding of the proposed Code, staff provided side-by-side comparisons for the Table of Contents, and all residential, commercial, and industrial zoning districts as well as an analysis of uses. The documents have been updated to reflect Planning Board revisions and are Attachment C and D. V. PROPOSAL The update is intended to address many concerns identified by the community including: making regulations easier to use and understand; promoting housing variety and lifestyle choice; creating places to work, shop, play, and live; improving design standards; growing a sustainable city; and reducing reliance on special zoning districts. A summary of noteworthy changes describing how the draft ordinance helps to address these concerns is Attachment E. Since Title 20 proposes revisions to the general regulations for the City, existing zoning district boundaries are unchanged. Existing rationale for applied zoning districts have not changed with this process. The main differences between Title 19 and Title 20 are the following: Zoning district boundaries are unchanged; some districts are proposed to be combined due to their similarities. All districts are renamed to create consistency and communicate a clear intent of the district. Additional options for future zoning (through a rezoning process) are proposed - new residential districts RM1 and R3 - but are not applied to any locations within the City. Additional enabling language for future overlays is established but no new overlays are applied to any locations within the City. Additional conditional uses are proposed, but no conditional use may be permitted without a public hearing before the City Council (as proposed in the staff recommended revisions, Attachment All zoning district uses were reviewed, grouped, and renamed to remain current and create consistency throughout the document. ---PAGE BREAK--- 4 Some district standards have been modified. Standards for general regulations (such as landscaping, parking and hillside protection), have been reviewed and modified as needed to remain current and create consistency. In addition to the proposed language revisions there are several policy changes for City Council consideration (see Attachment This list of major issues was generated based on public comment over the course of development of the draft document. Planning Board considered the list of major issues and made subsequent amendments to the draft document. The list of major issues has been updated to acknowledge Planning Board’s recommendations. Additionally, the City Clerk has recommended that Title 19 be repealed and archived in its complete form and a new Title 20 be used to codify the zoning rewrite. This approach will allow for less confusion over ways that various chapters have been modified and will establish a more complete code history. Staff revisions in Attachment B are recommended to address editorial corrections, clarifications and statutory revisions. Title 2.84 Historic Preservation Commissions is also proposed for repeal because it is duplicated in existing Title 19 as well as carried forward in proposed Title 20. VI. CONFORMANCE WITH STATE LAW: Duncan Associates and the Office of Planning and Grants consider the draft, as submitted, to be consistent with MCA 76-2-304, prior to and after 2009 State law revisions. Zoning regulations within the City of Missoula have been in place since 1932. The last comprehensive update to the regulations (Title 19) occurred in 1972. The purpose of zoning, as stated in Title 19, establishes the foundation for the text and mapping of the existing zoning districts. That purpose, as stated in Title 19, is to promote “the public health, safety, convenience, comfort, prosperity and general welfare.” The proposed Title 20 carries forward the same purpose with the following statements (Chapter 20.01.050 Purpose): “This zoning ordinance is adopted for the purposes of: A. protecting and promoting the public health, safety and general welfare; B. implementing the policies and goals contained in the officially adopted growth policy and other adopted plans; C. establishing clear and efficient development review and approval procedures; and D. accommodating the orderly and beneficial development in accordance with the preceding purposes.” An additional clarifier in section 20.01 is recommended for the purpose section of Title 20 that refers the user back to MCA 76-2-304(1). (See Attachment Proposed Title 20 retains the purpose of zoning in Title 19 for the following reasons: The use of land in the City has a direct bearing on the public health, public safety and general welfare. Standards are needed to ensure the new development is done in a coordinated manner. The provisions of Title 20 are consistent with the provisions of State statues. The provisions of Title 20 are in accordance with the City’s adopted growth policy. PROPOSED TITLE 20 IS INTENDED TO ADDRESS THE FOLLOWING (PER MCA 76-2-304): Zoning Regulations must be made in accordance with a Growth Policy: Proposed Title 20 furthers many goals and objectives of the adopted growth policy including the following: Proposed Title 20 protects critical lands and natural resources by: ---PAGE BREAK--- 5 o Maintaining and expanding standards for natural resource protection (Chapter 20.50 Natural Resource Protection) o Maintaining existing Open Space and Public Districts zoning o Providing a Cluster and Conservation development option Proposed Title 20 provides for housing variety and choice by: o Maintaining zoning district boundaries; some districts are proposed to be combined due to their similarities. o Providing new options for a residential zoning district – R3 and RM1 zoning district options – incorporated but not applied o Providing a new Accessory Dwelling Unit Overlay option – incorporated but not applied o Changing minimum lot size in multi-dwelling and two-dwelling residential districts to allow for single dwelling development as well as two-dwelling or multi-dwelling (if the land area is large enough to permit the density). o Simplifying the approach to density o Encouraging mixed use development Proposed Title 20 protects and enhances community/neighborhood character by: o Clarifying development standards in all districts o Proposing no substantive changes to existing single-dwelling districts that make up many of the established neighborhoods o Providing a Neighborhood Character Overlay option – incorporated but not applied o Maintaining existing Historic District overlays o Providing a placeholder for a Historic District Ordinance that is being developed under a separate process Proposed Title 20 ensures good jobs and stable tax base by: o Maintaining zoning district boundaries; some districts are proposed to be combined due to their similarities. o Providing consistency between uses permitted in Title 19 and uses permitted in Title 20. Some additional flexibility through new uses considered as conditional in some zones. Proposed Title 20 continues the tradition of public access/involvement by: o Consolidating descriptions of review procedures for the various actions considered by the Planning Office into a single chapter, written in consistent format and described with consistent approaches ranging from the acceptance of an application to appeal of a decision. o Providing new requirement for notification of all public hearings through certified mail. Proposed Title 20 considers adequate “infrastructure” in the form of capital facilities, human services, parks and recreation, etc. by: o Expanding regulations for open space areas, use and building standards including location criteria to ensure timely provision of adequate services and facilities o Allowing for an efficient, flexible, and coordinated multi-modal transportation system that provides interconnectivity and mobility for residents and supports the community’s urban land use pattern. o Continuing to ensure adequate/proper development of off-street parking through updating current off-street parking standards and refining the shared parking option o Enabling development of Pedestrian, Downtown and Transit Oriented uses by creating placeholders for future overlay zoning districts that emphasize pedestrian-friendly environments Proposed Title 20 is designed to lessen or minimize congestion in the streets and considers the effect on motorized and non-motorized transportation systems by: Continuing to ensure adequate/proper development of off-street parking through updating current off-street parking standards and refining the shared parking option ---PAGE BREAK--- 6 Encouraging other modes of transportation by refining regulations for long/short term bicycle parking facilities Creating incentives for mixed-use development Enabling development of Pedestrian, Downtown and Transit Oriented uses by creating placeholders for future overlay zoning districts that emphasize pedestrian-friendly environments Proposed Title 20 is designed to secure safety from fire, panic, and other dangers and ensure the protection of public health, public safety and general welfare by: Updating and regulating allowed uses to ensure emergency services are available Continuing to regulate or prohibit uses of the floodplain which are dangerous to health, safety, and property Clarify standards in all districts including minimal change to height and yard setbacks Incorporate a placeholder for future wildland fire projection regulations Proposed Title 20 is designed to prevent or minimize overcrowding of land and avoid undue concentration of population by: Continuing to regulate and eliminate inconsistent standards for density, building height, and size of yards Expanding regulations for size of building, open space areas, use and building standards including location criteria Providing new Cluster and Conservation Development Options to incorporate a greater balance between open space and development Proposed Title 20 considers reasonable provision of adequate light and air by: Continuing to regulate, and eliminating inconsistent standards for building height, size of yards and other open spaces. Improving regulations for buffering of adjacent dissimilar uses (height, step back regulations. etc.) Providing new Cluster and Conservation Development Options incorporate a greater balance between open space and development Proposed Title 20 considers the promotion of compatible urban growth by: Updating and clarifying regulations and eliminating inconsistent standards for density, building height, and size of yards Improving and expanding use and building-specific development standards Encouraging mixed used development Enabling development of Pedestrian, Downtown and Transit Oriented uses by creating placeholders for future overlay zoning districts that emphasize pedestrian-friendly environments Proposed Title 20 considers the character of districts and suitability for particular uses by: Creating the ability to preserve and protect character, special features or unique resources of local areas through the use of a Neighborhood Character Overlay district Providing Use Classifications chapter to more clearly define use descriptions Updating the Planned Unit Development Overlay as a tool for future development Updating existing natural resource protection regulations and developing placeholders for future regulations Proposed Title 20 considers conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction by: Maintaining a requirement for Historic Preservation Officer to oversee evaluation of historic buildings and historic neighborhoods/resources Maintaining the existing historic district overlays Improving and expanding use and building-specific development standards New district options and overlays incorporated in Proposed Title 20 are not applied to any locations. Application of new options will require subsequent Council review and adoption. ---PAGE BREAK--- 7 VII. ATTACHMENTS A. Summary of Public Involvement to Date B. Staff Recommended Revisions C. Side by Side comparisons – updated C1 Table of Contents C2 Residential C3 Commercial C4 Industrial D. Analysis of Uses – updated D1 Residential D2 Commercial D3 Industrial E. Summary of Noteworthy Changes - updated F. Major Policy Issues (as addressed by Planning Board) G. Comments by Public Works H. Comments by Sara Busey I. Comments by Phil Condon VIII. MATERIAL FORWARD PREVIOUSLY Ordinance establishing Title 20, Missoula City Zoning Ordinance - City Council Public Hearing Draft (5-29-2009) Ordinance repealing Title 2.84 Historic Preservation Commission