HomeMy WebLinkAbout16- Ordinance 1945 Wetlands Review Board Zone Code Amendment 'et�r�k.cfl.i►°'�Y4
ORDINANCE NO. 1945
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 2.05, BOARDS AND COMMISSIONS BY
REVISING SECTION 2.05.2900 TO ALTER HOW THE WETLANDS REVIEW BOARD
IS CREATED AND DISSOLVED, SECTION 2.05.2910 TO REVISE TERMS, SECTION
2.05.2920 TO REVISE WE, REVIEW BOARD PROCEDURES; AND CHAPTER
1=
38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTION 38.20.040
i
TO REVISE PLANNED UNIT DEVELOPMENT PROCEDURES RELATING TO THE
I.
WETLAND REVIEW BOARD, SECTION 38.30.040 TO REMOVE REFERENCE TO
THE BOZEMAN AREA WETLANDS MAP, SECTION 38.30.060 TO REMOVE
REFERENCES TO THE WETLAND REVIEW BOARD AND CLARIFY PERMISSIBLE
E
ACTIVITIES, SECTION 38.30.080 TO REMOVE REFERENCES TO WETLAND
REVIEW BOARD, SECTION 38.30.090 TO REMOVE REFERENCES TO WETLAND
REVIEW BOARD, SECTION 38.33.010 TO REVISE REFERENCES, AND SECTION
38.34.010 TO REMOVE REFERNCES TO SPECIFIC ADVISORY BODIES. ;.
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 of Bozeman has determined that an alternative structure for
review of applications related to wetlands is beneficial; and
WHEREAS, It is necessary for ordinance to support daily practice of development
i
review;
Page 1 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The City has been unable to obtain the necessary number of qualified persons to serve as
members of the Wetland Review Board.
2. The City must be able to effectively apply the adopted standards related to wetlands.
3. An alternative option to meet the responsibilities of the Wetland Review Board is to
contract for necessary professional services to perform the required review.
4. It is appropriate to retain the structure of the Wetland Review Board as a portion of the
municipal code so that it may be reconstituted at a future time when deemed appropriate
by the City Commission.
5. Some minor clarifications in the language regarding wetlands are prudent to accomplish
in association with revisions to the Wetland Review Board.
Section 2
That the Bozeman Municipal Code be amended by revising Section 2.05.2900 to read
as follows:
See. 2.05.2900. -Established—Powers and duties.
A. The city commission may establish by resolution a wetlands review board (WRB). The
WRB is established to review wedand related submiftal materials, pr-epafe ftme4ion
assessments of regwulated wetlands that may be impae4ed by proposed regulated aetivities,
evaluate the impaets proposed regulated aefivities may ha-�,e on delineated wet4ands and te-
eh"
B. If established,the WRB shall act as an advisory body to the review authority for proposals
that include alteration of wetlands including sketch and site plans, conditional use permits,
planned unit developments, subdivisions, divisions of land and other actions as requested by
the eity-
C. The city commission may by resolution dissolve a previously constituted WRB and in doing
so assign all authority and responsibility of the WRB and any pending applications to the
review authority.
Page 2 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
Section 3
That the Bozeman Municipal Code be amended by amending Section 2.05.2910 to read
as follows:
Sec. 2.05.2910. - Composition.
A. If established, the The WRB shall consist of six members appointed to staggered terms of.
n appointment to a term of sefviee on the 3AIRB is io two years. Members shall be degreed
in their respective disciplines and/or otherwise licensed or certified by their respective
professional authorities. Members shall have experience in at least one of the following
wetland and/or stream specializations: ecology, soils,botany, and/or hydrology.
B. In selecting the members, the city commission shall give preference to residents of the city.
However, where a qualified resident is not available to serve, the city commission may
appoint a member who practices professionally, owns property or owns a business within
the city.
1
i
Section 4
f
That the Bozeman Municipal Code be amended by amending Section 2.05.2920 to read
as follows:
Sec. 2.05.2920. -Procedures.
If established, the The WRB will be convened as necessary determined by the planning
director to review proposals that involve regulated activities and that may impact regulated
wetlands. based on the provisions eoiytained in aAiele 30 of ehapter 39. To implement this
puV se, eeAain pfeeedur-es shall be adopted to > but not be limited to,
seheduling
meetings-as needed to be-a#ended by members of the Wes. Written meeting reviews
setting forth decisions and findings shall be made. These records shall be preserved as part
of the official proceedings for each development proposal. Lastly, t The WRB shall
generally follow "Robert's Rules of Order" and may prepare and adopt supplemental
procedural rules, upon the approval of the city commission, that will ensure the
accomplishment of the stated purpose and promote the efficiency and effectiveness of the
wetland review process.
Section 5
That the Bozeman Municipal Code be amended by amending Section 38.20.040 to read
as follows:
Page 3 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
Sec. 38.20.040. -Planned unit development review procedures and criteria.
A. When a subdivision is proposed in conjunction with a zoning planned unit development, the
subdivision review shall be coordinated with the zoning review. All steps listed in this
section shall apply whether the application is for a subdivision or zoning PUD, and reference
to plan includes plat unless the context clearly indicates otherwise. Approval of a planned
unit development shall consist of three procedural steps: preapplication, preliminary plan
and final plan. All subdivision PUDs shall also meet all standards for plats.
1. Preapplication review.
a. A preapplication review is mandatory for all planned unit development proposals.
b. A preapplication shall be submitted for review and discussion with the DRC, DRB,
a if apllieable the and planning staff of the applicant's proposal and any
requirements, standards or policies that may apply. This step represents an
opportunity to identify any major problems that may exist and identify solutions to
those problems before formal application.
c. Preapplication review procedures. Preapplication review meetings will be held by
the DRC and;DRB and WRB (if ppli abler and will provide guidance for planned
unit development applications. The general outline of the planned unit development
proposal, presented as graphic sketch plans, shall be submitted by the applicant to
the planning department at least ten days prior to the meeting of the review bodies.
The outline shall be reviewed by the DRC and; DRB and VLRB (if ap lio ble)
Thereafter, the planning department shall furnish the applicant with written
comments regarding such submittal, including appropriate recommendations to
inform and assist the applicant prior to preparing the components of the planned
unit development preliminary plan application.
2. Preliminary plan review. Sufficient information shall be submitted to permit review of
the land use relationships, densities and the type, size and location of the principal
design elements of the planned unit development by the advisory bodies and review
authority. For a planned unit development that will be developed in phases, the
developer must submit either a preliminary plan for all phases, or else submit a
preliminary plan for the initial phase or phases and development guidelines for all
subsequent phases. Submittal requirements are in addition to those required for site plan
and conditional use permit review.
a. Application process. Upon completion of preapplication review and receipt of the
planning department's comments on the preapplication, an application for
preliminary plan approval may be filed with the planning department.
b. Public hearings and meetings. Notice of public hearings and/or public meetings for
any preliminary plan application shall be provided in accordance with article 40 of
this chapter.
c. Review criteria. In order to approve an application for a planned unit development
the city commission shall determine that the application is in conformance with all
Page 4 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
applicable standards, objectives and criteria of this chapter unless an appropriate
deviation is granted.
d. Recommendations. The DRC and;DRB an rn 3xu (if rri;,.able) shall recommend
the approval, conditional approval or denial of the preliminary plan to the review
authority and shall include in such recommendation the basis upon which such
recommendation was determined.
e. Preliminary plan approval. The city commission, after conducting a public hearing,
may approve, disapprove or approve with conditions the proposed planned unit
development. The city commission shall issue a written record of their decision to
discuss and weigh the review criteria and standards applicable to the PUD.
3. Final plan review and approval. The final plan must be in compliance with the approved
preliminary plan and/or development guidelines except as provided for in subsection 3.d
of this section, and shall be reviewed DRC and ADR staff and approved by the review
authority.
a. Application process. Upon approval or conditional approval of a preliminary plan
and the completion of any conditions imposed in connection with that approval, an
application for final plan approval may be submitted.
b. Review criteria; compliance with preliminary plan. For approval to be granted, the
final plan shall be in compliance with the approved preliminary plan. This shall
mean that all conditions imposed by the city commission as part of its approval of
the preliminary plan have been met and:
(1) The final plan does not change the general use or character of the development;
(2) The final plan does not increase the amount of improved gross leasable
nonresidential floor space by more than five percent, does not increase the
number of residential dwelling units by more than five percent and does not
exceed the amount of any density bonus approved with the preliminary plan;
(3) The final plan does not decrease the open space and/or affordable housing
provided;
(4) The final plan does not contain changes that do not conform to the
requirements of this chapter, excluding properly granted deviations, the
applicable objectives and criteria of 38.20.100, or other objectives or criteria of
this chapter. The final plan shall not contain any changes which would allowed
increased deviation/relaxation of the requirements of this chapter; and
(5) The final plat, if applicable, does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
c. Final plan approval. The final plan may be approved if it conforms to the approved
preliminary plan in the manner described above. Prior to final plan approval, the
review authority may request a recommendation fiom the DRC, ADR staff, DRB,
or other entity regarding any part of a proposed final plan. If a final plat is
Page 5 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
part of the final plan submittal, the review authority per 38.34.010 shall have
responsibility to approve the final plat.
(1) Final plats associated with a PUD shall be subject to the requirements of
38.03.060 and 38.41.070.
d. Amendments to final plan. Building permits and other development approvals shall
be issued on the basis of the approved final plan and any conditions of approval.
No city administrative personnel are permitted to issue permits for improvements
which are not indicated on the approved final plan with the exception of the
following:
(1) Minor changes.
(a) Minor changes to a planned unit development may be approved
administratively and in writing whereupon a permit may be issued. Such
changes may be authorized without additional public notice at the
discretion of the review authority. This provision shall not prohibit the
review authority from requesting a recommendation from the DRB, DRC,
ADR staff, VLRB or other entity.
(b) Minor changes shall be defined as follows:
(i) Those developments that do not change the character of the
development;
(ii) An increase of less than five percent in the approved number of
residential dwelling units;
(iii) An increase of less than five percent in the approved gross leasable
floor areas of retail, service, office and/or industrial buildings;
(iv) A change in building location or placement less than 20 percent of the
building width without compromising requirements of the UDO;
(v) An increase in the number of lots less than two percent without
increasing the density by more than five percent. This is applicable
only to zoning PUD plans, not subdivision PUD plats;
(vi) The final plan shall not contain any changes which would allow
increased deviation/relaxation of the requirements of this chapter;
and/or
(vii)The final plat, if applicable, does not create any additional lots which
were not reviewed as part of the preliminary plan submittal.
(c) When a planned unit development has been prepared in sufficient detail to
address the concerns of article 19 of this chapter including but not limited
to general building envelopes, design character of buildings, and
landscaping for some or all of the parcels within its boundaries the final
site development plans may be reviewed as an amendment to the PUD
Page 6 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
final plan. The intention to use this provision must be part of the initial
submittal and review of the PUD.
(2) Major changes.
(a) Major changes to a planned unit development must follow the same
planned unit development review and public notice and comment process
required for approval of preliminary plans. The final plan shall not contain
any changes which would allow increased deviation/relaxation of the
requirements of this chapter without being individually noticed and
reviewed for the proposed change.
(b) Major changes shall be defined as follows:
(i) A change in the character of the development;
(ii) An increase of greater than five percent in the approved number of
residential dwelling units;
(iii) An increase of greater than five percent in the approved gross leasable
floor areas of retail, service, office and/or industrial buildings;
(iv) A reduction in the approved open space and/or affordable housing
units provided;
(v) A change in the location and placement of buildings; and/or
(vi) An increase in the number of lots above what was approved through
the preliminary plan review. This is applicable only to zoning PUD
plans, not subdivision PUD plats. The final plat, if applicable, may
not create any additional lots which were not reviewed as part of the
preliminary plan submittal.
Section 6
That the Bozeman Municipal Code be amended by amending Section 38.30.040 to read
as follows:
Sec. 38.30.040. - Wetlands review board powers and duties.
A. If established, the WRB shall have the powers and duties established in 2.05.2900
SxTT?R has been established per 7 05 2900
Section 7
That the Bozeman Municipal Code be amended by amending Section 38.30.050 to read
as follows:
Sec. 38.30.050. - Wetlands mappin determinations.
Page 7 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
A. The Bozeman Area Wet4ands Map sha4l be adopted by resolution and sha4l,
in addition to
AB.The Bozeman Area We4ands Map may be amended by resolutioft by means o
perfofmanee of a wetland >1^,,,,dafy detemiina ion. Wetland boundary determinations shall
be performed in accordance with the procedures specified in the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands, as amended.
B. An electronic and printed document GD ROM containing the wetland boundary
determination and raw survey data(if applicable) shall be provided per Article 3 8.41.fef use
i amendingthe Bozeman Ayea Wetland Map. The data shall be reported in UTM Zone 12
coordinates and NAD83 datum.
pfeparod for all < e4a s on the,-,r..,-,orty to be ai+nexe
1J1 Vr/vl�.' l�V vv K1Jllvtiv K.
Section 8
That the Bozeman Municipal Code be amended by amending Section 38.30.060, to
read as follows:
Sec. 38.30.060. - Regulated activities.
A. No person shall conduct any of the following regulated activities within a fegu4ate wetland
are , as described in 38.30.030, without first having the proposed activity -reviewed by +>10
ViRB an approved by the review authorities authority established in artiele 3 —crJ
appfepriate. Any activity i a regulated are which reduces the size of a wetland or reduces
the degree to which a wetland performs any function is subject to the requirements of this
article. Such activities ineluding include but are not limited to:
1. Placement of any material, including without limitation any soil, sand, gravel, mineral,
aggregate, organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building,
trail,boardwalk or other structure;
3. Removal, excavation or dredging of solid material of any kind, including without
limitation any soil, sand, gravel,mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of
vegetation in a wetland;
5. Alteration of the water level or water table by any means, including without limitation
draining, ditching,trenching, impounding or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics by any means, including without limitation
grading and alteration of existing topography.
B. The following activities are permissible in a wetland are , without feview by the NVRB and
prior approval by the eity review authority, if the such es activity does not reduce the
Page 8 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
size of a wetland or significantly reduce the degree to which a wetland performs any
function. Such activity must be aPA in compliance with any other applicable state or federal
law. Activities permissible without prior approval include:
1. Maintenance of an existing and lawful public or private road, structure or facility,
including but not limited to drainage facilities, water conveyance structures, dams,
fences or trails, or any facility used to provide transportation, electric, gas, water,
telephone, telecommunications or other services provided that these activities do not
materially change or enlarge any road, structure or facility;
2. Maintenance of an existing farm or stock pond, water conveyance structure irrigatio
,ate, agricultural fence or drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan
approved by the county weed control district;
4. Continuation of existing agricultural practices such as the cultivation and harvesting of
hay or pasturing of livestock, or change of agricultural practices which has no greater
impact on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish and other wildlife;
6. Outdoor recreational activities, such as fishing, bird watching, hiking, rafting and
swimming which do not harm or disturb the wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance outside a wetland but within a
i
q�ired previously established wetland buffer but e Asrde—i�ooundar-ies of
delineated we4l n , including but not limited to the pruning of trees, mowing of grass,
G
and removal of dead vegetation and debris; and
10. Activities in a wetland previously approved pursuant a wetland permit re+�
sootio,, 3 Q 3 n non
, including but not limited to removal of debris and maintenance of
vegetation and wildlife habitat.
c`
Section 9
That the Bozeman Municipal Code be amended by amending Section 38.30.070, to
read as follows:
Sec. 38.30.070. -Application requirements and procedures for regulated activities in regulate
wetland areas.
A. Review. All proposals for regulate activities in regulate wetlands areas shall be reviewed
by the review authority -1B. The applicant shall prepare a functional assessment for all
feviewed regulated wetlands areas. Based on the prepared functional assessment and other
submittal materials, the review authority may request the WRB, if established, shall forward
Page 9 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
a recommendation of approval, conditional approval or denial to the review authority-as
established aftiele 34.
B. dal Decision. All proposals for regulated activities in regulated wetland areas shall be
reviewed and approved, conditionally approved, or denied by the e-ity review authority in
accordance with articles 3, 4, 19 and 20 of this chapter prior to commencement of the
regulated activity.
1. If a regulated activity is proposed for a regulated wetland area,but the regulated activity
is not proposed in conjunction with a land development proposal, the applicant shall
submit a sketch plan application for review and reeonunendation decision by the review
autho o tith ,;+<, est-bhshea
ardele 34.
C. Submittal materials. The information required in 38.41.130 shall be submitted for all
regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas shall
comply with the noticing requirements of article 40 of this chapter.
Section 10
That the Bozeman Municipal Code be amended by amending Section 38.30.080, to
read as follows:
Sec. 38.30.080. -Review standards.
A. The city review authority may approve, conditionally approve or deny a regulated activity in
a regulated wetland a-ye-a based on a reEonh%e�dafion from the N'�d if:
1. The applicant has demonstrated that all adverse impacts on a wetland have been
avoided; or
2. The applicant has demonstrated that any adverse impact on a wetland has been
minimized; the activity will result in minimal impact or impairment to any wetland
function and the activity will not result in an adverse modification of habitats for, or
jeopardize the continued existence of,the following:
a. Plant, animal or other wildlife species listed as threatened or endangered by the
United States Fish and Wildlife Service; and/or
b. Plant, animal or other wildlife species listed as a species of concern, species of
potential concern, or species on review by the state department of fish, wildlife and
parks and the state natural heritage program; or
3. The applicant has demonstrated that the project is in the public interest, having
considered and documented:
a. The extent of the public need for the proposed regulated activity;
b. The functions and values as determined by a state accepted method of functional
assessment of the wetland that may be affected by the proposed regulated activity;
Page 10 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
c. The extent and permanence of the adverse effects of the regulated activity on the
wetland and any associated watercourse;
d. The cumulative adverse effects of past activities on the wetland; and
e. The uniqueness or scarcity of the wetland that may be affected.
Section 11
That the Bozeman Municipal Code be amended by amending Section 38.30.090 to read
as follows:
I
Sec. 38.30.090. - Wetland permit conditions.
A. The review authority may recommend conditions of approval for proposed regulated
E
activities, and the city may conditionally approve proposed regulated activities, subject to
the following conditions:
1. Requiring the provision of a wetland buffer of a size appropriate for the particular
proposed activity and the particular regulated wetland area;
2. Requiring that structures be appropriately supported and elevated and otherwise
protected against natural hazards;
3. Modifying waste disposal and water supply facilities;
4. Requiring deed restrictions or covenants regarding the future use and subdivision of
lands, including but not limited to the preservation of undeveloped areas as open space
and restrictions on vegetation removal;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
i
7. Clustering structures or development;
8. Restricting fill, deposit of soil and other activities which may be detrimental to a
wetland;
r
9. Modifying the project design to ensure continued water supply to the regulated wetland;
and
E.
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of h
maintaining wetland functions. };
11. A yearly mitigation monitoring report to be submitted to the review authority 3AIRB on a
yearly basis,with the due date to be determined on a case-by-case basis.
12. A deed restriction to be filed with the county clerk stating the measures that will be
taken to protect all water resources,mitigation, and buffer areas in perpetuity.
13. That all reasonable effort has been made to limit indirect impacts to vegetation, faunal
interspersion and connectivity, and hydrological connectivity in the site design (e.g., IN
any structures, boardwalks, viewing platforms, or bridges, which are constructed within
Page 11 of 19
Ordinance No. 1945,Revisions to Procedures for Wetlands Review Board
wetlands will have at least a two-foot space between the bottom chord of the structure
and the wetland surface elevation to limit shading impacts and allow wetland vegetation
to persist).
14. The review authority 3AIRB may recommend conditions to mitigate for locally-regulated
(wetlands not connected to a water of the U.S.) infringement upon watercourses,
buffers, or negative indirect or direct effects on the functionality of wetlands,
watercourses or buffers.
Section 12
That the Bozeman Municipal Code be amended by amending Section 38.33.010 to read
as follows:
Sec. 38.33.010. -Purpose of DRC,DRB,ADR, WRB, and BOA.
A. Purpose. The development review committee (DRC), design review board (DRB),
administrative design review staff(ADR) and wetlands review board (WRB), if established,
have been established to coordinate, expedite and ensure fair and equitable implementation
of this chapter. The objective,to be implemented through their procedures and deliberations,
shall be to encourage development quality that will enhance both the natural and built
environments, with consideration to present and future property values, and to carry out the
purposes of this chapter. All bodies authorized or referenced under this article may call upon
any city staff or other persons with technical expertise, and may testify before any board,
commission or other body upon the subjects for which they have responsibility.
1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this
chapter. The DRC is the body charged with reviewing items relating to public health
and safety. The DRC shall act as an advisory body to the review authority established
by 38.34.010 for site plans, conditional use permits, planned unit developments,
divisions of land, zone map amendments, annexations and other actions as requested by
review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR staff is established as the review body for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant
community impact and to provide recommendations regarding such proposals to the
review authority established by 38.34.010, subject to the provisions of this chapter.
a. The ADR staff shall act as an advisory body to the review authority regarding
reuse/further development permits within overlay districts; and
b. The ADR staff shall act as an advisory body to the review authority regarding all
sketch plans and site plans not meeting one or more of the thresholds 38.19.040.B,
for conditional use permits for accessory dwelling units, conditional use permits
where no additional building area will be created, and nonPUD divisions of land;
c. The ADR may develop, and after adoption by the city commission, apply specific
guidelines related to such concerns as architectural appearance, landscape design
and signage for the construction and/or alteration of structures, sites or areas; and
Page 12 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
d. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors.
4. WRB. The WRB, if established, has the duties and responsibilities established by
2.05.2900 when a AqT -B has be est blis ,oa
5. BOA. The BOA, if established, has the duties and responsibilities established by
2.05.2810 when., BOA has been est r,hshe,a
B. Development review committee procedures established. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly
or biweekly meeting attended by representatives of each of the city departments charged
with development review. Each department shall have the ability and authority to require the
DRC to make a recommendation of denial when in their view the project cannot meet the
requirements and review criteria of this chapter and acceptable conditions do not exist to
cure the identified failings of the project. Written meeting reviews, in the form of staff
reports or summary reviews prepared by the planning department, shall be made setting
forth the DRC's recommendation to the review authorities established in article 34 and
reasons for requiring such conditions as may be deemed necessary by the DRC. These
records shall be preserved as part of the official file for each development proposal. Lastly,
the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt
supplemental procedural rules that will ensure the accomplishment of the stated purpose and
promote the efficiency and effectiveness of the developmental review process.
1. The DRC shall at a minimum be composed of the following personnel: city engineer, '
fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, the planning director and the building official. When necessary, other
members of the committee may include: the director of public safety, the superintendent
of facilities and public lands, the superintendent of recreation, the city manager, with
other individuals to be included as necessary at the planning director's request. u
2. When applicable, the DRC may solicit the input of noncity agencies and persons
including, but not limited to, the county subdivision review officer, the county
sanitarian, the county road superintendent, and state or federal agencies, with other
individuals to be included as necessary.
C. Design review board procedures established. The DRB will be convened as necessary and
shall follow procedures as set forth in 2.05.3020.
D. Administrative design review staff procedures established. To implement the proposes of
this chapter, procedures shall be adopted for the administrative evaluation of a proposal
without public notice or comment, unless a deviation from the underlying zoning is
requested. After a proposal has been evaluated by the ADR staff, they shall issue a written
decision that shall include findings and may include a notice of required corrections. The
ADR staff may call a conference with the applicant to determine design alternatives, or the
applicant may call a conference with the ADR staff for the same purpose. Any such
conference shall be conducted prior to the issuance of a building permit for the proposal.
Page 13 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
1. ADR staff shall consist of two planning department staff members. One member shall
be degreed or otherwise licensed or certified by such member's respective professional
authorities in an environmental design discipline such as architecture, landscape
architecture or urban design. The second member shall be the planning director who
may or may not be degreed in architecture. In the event that necessary ADR staff is not
available,the DRB may act to provide design review services.
E. Waiver of design review. In the event that neither the DRB nor the ADR staff are able to
complete a quorum or have the necessary personnel to conduct the reviews otherwise
required by this chapter, the requirement for review by DRB or ADR is waived. Nothing in
this section shall constitute a waiver of the required review criteria established in articles 16,
17, 20, and 30 of this chapter.
F. Wetlands review board procedures. The WRB will be convened as necessary and shall
follow procedures as set forth in 2.05.2920 when a WRB has been established.
G. Board of adjustment procedures established. The BOA will be convened as necessary and
shall follow procedures as set forth in 2.05.2830 when a BOA has been established.
Section 13
That the Bozeman Municipal Code be amended by amending Section 38.34.010 to read
as follows:
Sec. 38.34.010. -Review authority.
A. The city commission has the right to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation;
to protect public investments in roads, drainage facilities, sewage facilities, water facilities,
and other facilities; to conserve the value of adjoining buildings and/or property; to protect
the character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the
following:
a. Subdivisions which do not qualify as a subdivision exemption per article 5 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Determination to accept cash-in-lieu of park land dedications, except in the B-3
zone district;
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
Page 14 of 19
b
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
f. Conduct public hearing for applications under 76-2-402, MCA;
g. Appeals from administrative interpretations and final project review decisions;
h. Approval of park master plans;
i. Large scale retail per section 38.22.180; and
j. Exceptions to installation of bikeways and boulevard trails per 38.24.110.E.
B. The planning director shall, upon recommendation from the DP DRB,A4 WR43 or
the f . dviser-y body s may be applicable advisory bodies approve, approve with conditions
or deny all applications subject to this chapter except those listed below, Decisions of the
planning director are subject to the appeal provisions of article 35 of this chapter.
1. Projects excluded from planning director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
b. Development of city property which does not conform to all standards of this
chapter;
c. Conduct public hearing for applications under 76-2-402 MCA;
d. Any application involving variances from this chapter;
e. Subdivision preliminary and final plats not meeting the requirements for a
subdivision exemption per article 5;
f. Conditional use permits;
g. Preliminary plans and major amendments to planned unit developments;
h. Large scale retail per section 38.22.180;
i. Exceptions to design standards for transportation pathways per section
3 8.24.110.E;
j. Applications, except within the B-3 zoning district, which propose the use of cash-
in-lieu of parkland per section 38.27.030;
k. Approval of park master plans,
1. Designation of historic or culturally significant signs;
in. Applications with deviations except that the planning director is the review
authority for applications which have:
(1) Two or fewer deviations, which deviations may not request a more than 20
percent change in the standard for which the deviation is sought; and
(2) Which are not otherwise prohibited to the planning director for their review;
n. Amendments to the text or the zoning mapper articles 36 and 37;
Page 15 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
o. Extensions to subdivision review for periods exceeding two years; and
p. Appeals from final administrative action on interpretations or project final
decisions;
2. Exception. The city commission may, by an affirmative, simple majority, vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the planning director. The vote shall
occur prior to the action of the planning director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of
om'
adjustment shall, upon recommendation from the R , DRB, AD , «rnu or- thee- adyi,o
body as may be applicable advisory bodies approve, approve with conditions or deny those
applications specifically delegated to it by the city commission. Decisions of the BOA are
subject to the appeal provisions of article 35 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote shall occur prior
to the action of the board of adjustment.
D. The city engineer shall review and upon recommendation from the T'T'�� r�PR�of
WRB or other .,a<,;sor-< bo applicable advisory bodies as needed approve, approve with
conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.19.140.B;
2. Location of storm water facilities within neighborhood centers per 38.23.020;
3. Allow the placement of private utility easements within public rights-of-way owned or
controlled by the city.
4. The maximum length of dead end water mains per 3 8.23.070;
5. The maximum length of service lines per 38.23.070;
6. Exceptions to storm water controls per 38.23.080;
7. All modifications or proposed standards in 38.24.010 except 38.24.010.A.1;
8. Approve plans and specifications for public infrastructure and infrastructure to be
granted to the public per 38.24.060.A and B.1-3;
9. Allow alternate curb return radii per 38.24.090.C.2.e;
10. Approve locations and modifications to drive accesses to public streets per 38.24.090.G
and H;
11. Approve street improvement standards per 38.24.060;
12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per 38.25.020.D, F and J;
13. Protection of landscaped area per 38.26.050.H;
14. All actions required of the flood plain administrator per article 31;
Page 16 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
15. Approve modifications in required completion time for subdivision improvements per
38.39.030.B.1;
16. Permit the use of a financial guarantee for paving of streets per 38.39.060.B;
17. Allow waiver of required information per 38.41.080.A.2.i(3).
18. Require preparation of a traffic impact analysis and determine its contents per
38.41.120.A.2.c(5).
19. Establish specifications for paving of streets and parking areas; and
20. Designate street classifications for collectors and arterials not shown in the long range
transportation plan.
21. Allow alternate parking angles for surface and structured parking stall configurations j
listed in Table 38.25.020. All other numeric standards apply.
E. The director of public service shall review and upon recommendation from the nT'z�43,
^"�f W-RB of other advisees applicable advisory bodies as needed approve,
approve with conditions or deny the following development elements and processes:
1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of
property being developed per section 38.23.070;
2. Water rights as authorized in 38.23.180;
3. Exceptions to the level of service standards established in 38.24.060.B.4.
F. The director of parks and recreation shall determine the classification of trails per
38.27.110.D.
G. As detailed in article 33 of this chapter, the city commission authorizes the D
WRB, or ^� staff-, and other advisory bodies as applicable, to review and to make
recommendations to the review authority regarding development proposals.
H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those minimums,
the city commission or planning director may require as a condition of approval, additional
landscaping, screening, timing requirements, setbacks or other mitigation exceeding the
minimums of this chapter.
Page 17 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
Section 14
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 15
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 fall
force and effect.
Section 16
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 17
Codification.
This Ordinance shall be codified as indicated in Sections 2— 13.
Effective Date.
This ordinance shall be in fall force and effect thirty (30) days after final adoption.
Page 18 of 19
Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of April, 2016.
CARSON TAYLOR
Mayor
1.3
ATTEST: 9` ®. °
PEARL MICHALSOl�<� - _ .-
Interim City Clerk " ,�TII�aCoIo �. `
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 25th of
April, 2016. The effective date of this ordinance is the 25th of May, 2016.
is
j
CARSON TAYLOR
Mayor
ATTEST:
`y B
v O �'
8
PEARL MICHALO
Interim City Clerk —�
18•83 ® �
APPR J� D AS TO FORM:
6GI&G SULLIVAN
City Attorney
Page 19 of 19