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Staff Report for Administrative UDC Text Amendment 2D, Water Part 1,
Addressing Water Provisions and Plan Submittal Criteria
Public Hearing Dates: Zoning Commission and Planning Board joint public meeting Tuesday, November 15, 2016 City Commission public hearing Monday, November 21, 2016
Project Description: A text amendment to the Bozeman Municipal Code (BMC) to revise water-related requirements in landscaping of public lands and clarify technical language for site plan submittal requirements.
Project Location: Applicable throughout the entire corporate limit of Bozeman as it exists now and as it evolves through annexation over time, and applies to all properties.
Recommendation: Approval
Advisory Board Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for UDC Text Amendment 2D, Water Part 1 and move to recommend approval of the text amendment.”
City Commission Recommended Motion: “Having reviewed and considered the application materials, public comment, recommendations of the Planning Board and Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for UDC Text Amendment 2D, Water Part 1 and move to approve the text amendment and direct staff to integrate these provisions as part of the update to the Unified Development Code.”
Report Date: November 16, 2016
Staff Contacts: Rebecca Owens; Associate Planner Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action (Legislative)
EXECUTIVE SUMMARY
Unresolved Issues None identified at this time.
Project Summary Bozeman initially adopted zoning in 1934. Bozeman’s current City of Bozeman Unified Development Code (UDC) structure was established in 2004. Many older elements and
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standards were carried forward in 2004. The present text needs to be updated to reflect best zoning, planning and infrastructure practices. The City seeks to revise the development code in a two-step process. Phase one focused on the North Seventh Avenue corridor and urban renewal/tax increment district (TIF). Phase two expands the focus to the entire City. Amending language for water-related requirements is part of the phase two UDC update process, under step “2D”. The amendment is identified as a number and letter code because the ordinance adoption will occur in early 2017 for the entire UDC. The 2D sub-set of UDC text amendments described in this report includes “Water Part 1” in the title to reflect that multiple sections of the code require modifications to water-related requirements. Water Part 1 is the first set and is comprised of minor revisions to address a few small language clean-up and technical changes, summarized in this report. To differentiate, the “Water Part 2, Adequacy” and “Water Part 3, Conservation efforts regarding irrigation, consumption, management, etc.” revisions are separate items on the code update timeline. Those more intensive amendments are anticipated in January-March 2017. Those edits are under active discussion by an interdepartmental staff Water Team. Additional text amendment components with modifications related to water which have already been reviewed include Subdivisions and Parks. The UDC 2D, Water Part 1 text amendments to water-related requirements improve clarity for code users by cleaning up grammatical format and applying language and terminology consistent with other revisions to the UDC. The amendments also ensure that irrigation systems are reviewed under both City-owned property and standard site plan review processes for alignment with City water provision and efficiency needs per the Integrated Water Resources Plan and associated findings adopted by the City Commission. Specifically, the proposed amendments address Bozeman Municipal Code (BMC), Sections 38.26.070, Landscaping of public lands, and 38.41.080, Site plan submittal requirements. A summary of the changes to these sections in the presently in-force municipal code follows. Expand applicability of drought tolerant plantings from grass seed to other low water use plantings. Establish the requirement for City rights-of-way and park irrigation systems installed by developers and individual property owners to be efficient. Require irrigation plans to be submitted with landscaping plans.
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Eliminate requirement for well water to irrigate landscaping in City rights-of-way and parks, and clarify requirement for developer to provide water for irrigating in these areas. Clarify that adequacy of water supply for landscaping irrigation is subject to City’s review. Expand required maintenance of landscaping in City rights-of-way and parks to include irrigation systems. Update references as applicable for Director of Community Development title. Include utilities and utility rights-of-way or easement plans for fiber optics and agricultural water user agreements with site plan submittals. Include identification of groundwater wells with site plan submittals. Clarify detail required for sidewalks, walkways, driveways, loading areas, and bikeways with site plan submittals. Clarify level of detail required in landscaping plans for integrated irrigation, open space, and hardscape features with site plan submittals Clarify criteria for unique natural features to be identified in site plan submittals
Zoning Commission and Planning Board The Zoning Commission and Planning Board were originally scheduled to meet as a combined body for a public hearing to consider the proposed text amendment on November 1, 2016. The meeting was cancelled and resulted in continuance of the agenda. On November 15, 2016, the Zoning Commission and Planning Board unanimously passed a motion recommending Administrative UDC Text Amendment 2D, Water Part 1 for approval at the November 21, 2016, City Commission public meeting with the findings presented in the staff report. General questions and comments at the November 15, 2016, meeting that are related to this amendment include: 1. Clarification on whether developers will be prohibited from using well water for irrigation. Staff response indicated that developer use of well water irrigation for rights-of-way and parks landscaping will not be prohibited. The text amendment updates code language to not require well water sourcing, which allows the City and developers, where preferable per water adequacy review, to have the flexibility to choose irrigation sourcing via municipal treated water. 2. Clarification on the proposed amendment to Sec. 38.41.080.A.2.g(8)b, BMC, regarding plan submittal provision of information on whether watercourses, water bodies and wetlands are within the jurisdiction of the US Army Corps of Engineers. The question was whether there is federal authority over these areas or if the City of
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Bozeman has other standards for identification of regulated areas. Staff response noted that the City of Bozeman does not currently have an active Wetlands Review Board, however associated standards are still in effect and are implemented on an as-needed basis. Watercourse determinations according to the US Army Corps of Engineers may be referenced when doing so provides clarity for legal premises. No public comment had been received on the subject amendment by the date of this report’s publication.
Alternatives Alternatives for Commission action are: 1) Accept the recommendation as written. 2) Suggest use of alternative wording. 3) Continue the item and request additional information from staff. 4) Do not adopt the amendments and leave the language as it exists.
TABLE OF CONTENTS Executive Summary ....................................................................................................................... 1
Unresolved Issues ....................................................................................................................... 1
Project Summary ......................................................................................................................... 1
Zoning Commission and Planning Board ................................................................................... 3
Alternatives ................................................................................................................................. 4 Table of Contents ........................................................................................................................... 4 Section 1 - RECOMMENDATION AND FUTURE ACTIONS .......................................................... 5 Section 2 - STAFF ANALYSIS AND FINDINGS ............................................................................. 5
Section 76-2-304, MCA (Zoning) Criteria ................................................................................. 5 PROTEST NOTICE FOR ZONING AMENDMENTS ...................................................................... 12
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .................... 12
Section 76-3-102, MCA (Subdivision Purposes)...................................................................... 12
Section 76-3-501, MCA (Local Subdivision Regulations) ....................................................... 13 APPENDIX A – Affected ZONING AND GROWTH POLICY provisions...................................... 15 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................. 15
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Fiscal effects ................................................................................................................................. 16 ATTACHMENTS ........................................................................................................................... 16
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Amendment 2D, Staff Report for Administrative UDC Text Amendments Addressing Water
Provisions and Plan Submittal Criteria Having considered the criteria established for a municipal code amendment, the Community Development Staff recommends the approval of the text amendments. The Zoning Commission and Planning Board held a joint public hearing on the proposed amendments on November 15, 2016. The City Commission will hold a public hearing on the amendments on November 21, 2016.
SECTION 2 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. The criteria below include separate findings for each text amendment where necessary. In considering the following criteria, the analysis must show that the amendment accomplishes zoning criteria A-D. Zoning criteria E-K must be considered and may be found to be affirmative, neutral, or negative. A favorable decision on the proposed application must find that the application meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In addition, the application must be evaluated against Subdivision criteria 1-17. A favorable decision on the proposed application must find that the positive outcomes of the amendment outweigh negative outcomes for criteria 1-17.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy. Yes. An underlying principle of the Bozeman Community Plan is to ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. The proposed text amendments are in accordance with
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the adopted growth policy. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. An analysis of consistency with several goals and objectives follows.
1. Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s character. Design and development in a quantifiably sustainable manner are desirable.
Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and natural resources and protect water supply quantity and quality. The proposed amendments support the efficient use of water and secondarily, the efficient use of energy, materials, and labor required in City parks and right-of-way landscaping. Forthcoming specifications for City open space irrigation standards will require less monitoring of such systems for daily operations and maintenance, while reducing water consumption and facilitating responsible land use.
2. Goal C-5: Public Landscaping and Architecture— Enhance the urban appearance and
environment through the use of architectural excellence, landscaping, trees and open space.
Objective C-5.3: Continue to develop the design guidelines to encourage innovative landscaping including urban hardscapes, public art, plazas, roof gardens, green walls, and other features to emphasize the urban qualities of individual projects.
Objective C-5.4: Continue to develop the design guidelines to provide direction to naturalizing stormwater systems and integrating them into the landscape as an amenity. The proposed amendments increase the flexibility available to property owners to meet requirements for drought tolerant plantings. The revisions, by fostering water efficiency, also make it more cost-effective and attractive to property owners to continue irrigation through summer months with less impairment to water supplies. Continued maintenance of landscaping enhances the urban appearance and environment, supports healthy live vegetation including to prevent plant susceptibility to disease and to reduce the number of costly City forestry trees that must be replaced each year due to lack of irrigation.
3. Goal C-6: Support Sustainability—Provide a framework to integrate the functional systems of a development into the site planning and building architecture. Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects of development.
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As noted in the above response to Goal LU-4, the proposed amendments support new technologies and techniques in landscaping irrigation to make our developments more sustainable while still maintaining good design and an intact, pleasing city environment.
4. Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous,
and diverse economy.
Objective ED-2.3: Ensure the viability of agricultural land uses by protecting water sources used for irrigation. There is significant economic benefit in the long term to protecting the City’s adequacy of water supply. The proposed revisions fortify the City’s review process for plan submittals to ensure appropriate landscaping irrigation in development. The City will benefit from reduced water consumption on City property and associated budget costs from the adoption of efficient irrigation system standards. The collective impact of reduced municipal water system and well water use is the protection of our watershed for other uses that include agriculture. 5. Goal E-2: Ensure good environmental quality of water resources, air, and soils within
the planning area.
Objective E-2.5: Ensure sufficient water supply is available for future population The proposed amendments address the efficiency of irrigation in landscaping for City rights-of-way and reinforce City review of development for consistency with water provision goals in the Integrated Water Resources Plan and associated City plans, including the Bozeman Community Plan. The revisions thus support environmental quality through water resource protection in the built environment, and in turn protect the health, safety, and welfare of Bozeman area residents and wildlife on private and public property. Adoption of municipal standards for efficient irrigation systems in parks and rights-of-way demonstrates leadership by example and matches the City’s stated environmental responsibilities per page 9-1 of the Bozeman Community Plan:
The City of Bozeman recognizes its responsibility to meet the challenges of growth and
change in a manner that sustains our natural and built environment for future
generations. Bozeman commits itself as a leader on the path to sustainability. The City will
work with its neighbors in the Gallatin Valley to meet the needs of the present without
compromising the next generation’s ability to meet its needs.
6. Goal E-4: Promote and support responsible use of our natural resources.
Objective E-4.3: Promulgate efficient use of our municipal water supply The proposed amendments foster improved use of our municipal water supply and City funds, as well as responsible use of our natural resources for better-maintained and healthier open space through the requirement to provide efficient irrigation systems for landscaping in City parks and rights-of-way.
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7. Goal PS-1: Facilities and Services- All public facilities and services provided under the
authority of the City of Bozeman shall be provided in a reliable, efficient, cost-effective
and environmentally sound manner. Rationale:
Objective PS-1.8: Domestic Water - Provide for a safe and adequate water supply,
distribution, storage and treatment facilities to support water demand projected by
planned land uses in the planning area. The proposed amendments support the adequate provision of a clean and abundant drinking water supply in an environmentally sound manner that respects the values of this community concerning conscientious water consumption. Specifically, public services provided under the City of Bozeman to municipally managed parks and rights-of-way will include efficient irrigation of landscaping to reduce water demand in land use.
8. Goal PS-2: The City shall work with other service and utility providers to ensure the adequate and safe provision of services.
Objective PS-2.3: Private Utilities — Facilitate the provision of adequate private utility
services within the City while respecting the character of Bozeman. The proposed amendments obligate detail in plan submittals for utility easements to include fiber optics and agricultural water user agreements. This provision ensures coordination between public and private utility providers to prevent conflicts in the use of overlapping rights-of-way and ensures the adequate provision of services necessary to support urban development. 9. Goal G-2: Implementation – Ensure that all regulatory and non-regulatory
implementation actions undertaken by the City to achieve the goals and objectives of
this plan are effective, fair, and are reviewed for consistency with this plan on a
regular basis.
Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the
concerns being addressed.
Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and
incentives to ensure that development within the Planning Area is in compliance with
the Bozeman Community Plan.
Chapter 15 of the Bozeman Community Plan states: Creation of a subdivision often
precedes or accompanies a change in the use of that land. A subdivision generally remains
in perpetuity and continues to influence the location and intensity of land uses within and
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adjacent to the subdivision. As this states, the influence of a subdivision is beyond the physical boundaries of the project. Ensuring that the rules governing the subdivision ordinance are clear and encompassing ensure compatibility within and adjacent to the subdivision. The intent of these amendments is to improve City processes in a fair, equitable and transparent manner to insure consistency. Therefore, all actions taken to implement the Bozeman Community Plan must be reviewed to ensure compliance. Improving language governing subdivisions and condominium association language through the proposed revisions to identify agricultural water user facilities and agreements in plan submittals will continue to support adequate, proportional and balanced regulatory requirements. 10. According to the following excerpts from Appendices in the Bozeman Community Plan, preserving the City’s water quantity and quality, including for groundwater supplies, utilizing landscaping best practices to reduce water use, and balancing maintenance of existing facilities and development with the needs of future growth are critical concerns that the proposed amendments progress in the interest of reliable near- and long-term services to development and community safety. Appendix A: Background Information
There are many forces shaping the future of the City. The quantity and quality of water is becoming of utmost importance. As the West, including Montana, becomes increasingly warmer and drier water supply issues will inevitably arise. Demographic change will also lead to a future Bozeman that is different from today…The challenge will lie in accommodating growth and change while protecting the very qualities that brought people to Bozeman in the first place. (page A-10)
The future quality and quantity of groundwater is uncertain. Changes in agricultural irrigation patterns in the Gallatin Valley, prolonged drought, and increases in
residential and landscaping irrigation will all impact groundwater resources. The
quality of groundwater resources may also be in jeopardy due to the proliferation of on-
site septic systems (page A-12) Appendix D: Community Quality
Healthy plants help stabilize the environment’s ecological balance, provide buffering
between activities, beautify the area, protect water quality, and conserve energy, as well as many other functions. The City has adopted landscaping standards through Chapter 18.48 of the Unified Development Ordinance. The landscaping standards are administered in conjunction with the City’s subdivision and site development review processes. The standards establish minimum performance requirements and provide
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incentives for creating landscapes which support other community priorities. The
standards include provisions for both public and private lands. (page D-4) Appendix H: Public Services and Facilities
Facilities and services, such as the provision of municipal water and sewer services,
encourage development within the City. The close proximity of other facilities and
services, such as library access and educational opportunities, help make Bozeman a
desirable place to live… As the City continues to grow, the maintenance of existing facilities must be balanced with the need to provide new facilities so that existing users do not suffer a reduction in service quality in order to provide services to new development. (page H-1)
The City of Bozeman operates a municipal water system which provides water for domestic, fire suppression and irrigation uses… The municipal water system supports the land use element of the Bozeman Community Plan by providing a safe and reliable supply of water for urban density development that would be difficult to adequately service by individual wells. It also supports preservation of wetlands and associated
habitat and wildlife species by reducing groundwater depletion, supports the urban
forest and other landscaping with irrigation water, and helps ensure a safe community
by providing a reliable fire suppression water supply. (page H-3) In summary, the proposed amendments will apply to both subdivision and zoning processes and have been determined to be responsive to the Bozeman Community Plan.
B. Secure safety from fire and other dangers. Yes. The proposed amendments secure safety by supporting adequate water provisions for individual properties as well as protection of the City’s water supply overall. Drought mitigation through the use of high-performance irrigation systems and assurance of installation of such systems for City parks and right-of-way maintenance, and for development in general, also reduces fire risk.
C. Promote public health, public safety, and general welfare. Yes. The proposed text amendments promote public health, public safety and general welfare. The proposed amendments do not change the requirements for provision of water or sewer systems, provision of emergency response capability, or similar existing standards. The proposed amendments do not eliminate any required standards currently adopted by the City.
D. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements. Yes. The proposed amendments do not impact existing public requirements for transportation, sewerage or schools. The amendments do clarify that the adequacy of water supply for landscaping irrigation is subject to the City’s review, in order to
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uphold sustainable application of the region’s limited water supply. The revisions to require efficient application of water in City parks and right-of-way irrigation systems will result in higher rates of water uptake for landscaping and lower rates of water lost via site drainage. The amendments also eliminate the requirement for well water to irrigate City rights-of-way and require the developer to provide water for irrigation of these areas. This modification does not require the developer to use municipal water for irrigation, but rather promotes such sourcing for irrigation. Reducing well water dependency supports balanced use of groundwater, a natural resource subject to distinct water rights regulations. Recent court actions have changed how wells and water right applications are managed. The change brings Bozeman’s regulations into practical alignment with the new state requirements.
E. Reasonable provision of adequate light and air. Neutral. The proposed text amendments do not address this issue.
F. The effect on motorized and non-motorized transportation systems. Neutral. No changes to transportation standards are proposed.
G. Promotion of compatible urban growth. Yes. The proposed amendments promote compatible urban growth by improving review processes and ensuring that they support a growing City and its associated needs for adequate water provisions and responsible open space management via efficient landscaping and irrigation practices. Development of land in the city will still be subject to the underlying growth policy and zoning which are adopted to promote compatible urban growth.
H. Character of the district. Neutral. The proposed amendments do not address this issue.
I. Peculiar suitability for particular uses. Neutral. The proposed text changes do not address uses for specific properties.
J. Conserving the value of buildings. Neutral. The proposed amendments do not make material changes to building requirements or standards.
K. Encourage the most appropriate use of land throughout the jurisdictional
area. Neutral. The proposed amendments do not make material changes to the zoning districts.
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PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF EITHER THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy. Yes. The proposed amendments are in accordance with the adopted growth policy. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. An analysis of consistency with several goals and objectives is found under Zoning Criterion A.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land. Neutral. The Bozeman Municipal Code regulates and details procedures for subdivision. The proposed text amendments will not modify monumentation, public notice or design standards. The review authority’s decision to approve water provision adequacy and irrigation system design will continue to be made during the subdivision review process. Public health, safety and general welfare must be ensured with any proposal prior to a decision of approval or approval with conditions. If that determination cannot be made, the review authority will deny the proposal and require alternative provisions or design prior to the filing of the final plat.
3. Prevent the overcrowding of land. Yes. Lands become overcrowded when the intensity of use is greater than the services provided to the property, including as concerns water supplies. The amendments will ensure that the City exercises review of water adequacy in all site plan submittals and in its own installations of irrigation and landscaping in City parks and rights-of-way. Such policy ensures appropriate due process in maximizing but not overreaching the capacity of land development intensity to support comprehensive and enduring services.
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4. Lessen congestion in the streets and highways. Neutral. The proposed revisions do not address this issue.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements. Yes. The proposed amendment revises materials required to be submitted with subdivision applications. The improved information will facilitate analysis of needed facilities for water provisions related to landscaping and irrigation so that necessary improvements are provided with each development, including improvements to City parks and rights-of-way.
6. Require development in harmony with the natural environment. Yes. The proposed amendment does not alter the basic standards for land development. No changes to environmental regulations are included with this proposal. Existing regulations address various natural environment issues including stormwater control and protection of water courses. The subject revisions do explicitly include information on protection of water provisions through the level of detail required of plan submittals and through establishing an efficiency requirement for irrigation in City parks and rights-of-way. Conscientious use of water in property maintenance helps reduce impacts to shared community assets including vital regional ecosystems and the natural environment on the whole.
7. Protect the rights of property owners. Yes. The proposed revisions provide greater clarity about the maintenance of City rights-of-way and park irrigation, benefitting the integrity and value of both public property and adjacent private property. The proposed revisions also enhance identification of agricultural water user facilities and increase coordination with holders of water rights by reducing the use of well water for landscaping irrigation to ensure continuance of supplies notwithstanding variance in climate and rainfall recharge. The amendments will protect the interests of individuals and the community collectively.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey. Neutral. The amendments do not address this criterion.
Section 76-3-501, MCA (Local Subdivision Regulations) This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area. Neutral. The amendments do not address this criterion.
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10. Coordination of roads within subdivided land with other roads, both existing and
planned. Neutral. The amendments do not address this criterion.
11. Dedication of land for roadways and for public utility easements. Yes. The amendments clarify the existing site plan submittal requirement to provide utility and utility rights-of-way or easement plans to indicate that such plans must include fiber optic and agricultural water use agreements.
12. Improvement of roads. Neutral. The amendments do not address this criterion with material consequence. The revisions add irrigation systems to the maintenance purview of City rights-of-way and park landscaping and thus indirectly improve road area aesthetics. The revisions also effect minor incremental improvement in ensuring that necessary information is provided in proposed road construction through requiring more detailed specifications for hardscape features.
13. Provision of adequate open spaces for travel, light, air and recreation. Yes. The amendments ensure the continued protection of adequate open spaces within City rights-of-way and parks provided through subdivision development, based on criteria for appropriate types and management of irrigation in open spaces. In addition, the amendments clarify that detailed irrigation plans must be submitted with landscaping plans for all development, and expand the characterization of drought tolerant plantings beyond grass seed to include other low water use plantings. The addition of such detail and flexibility for site plan criteria promotes high functioning open spaces.
14. Adequate transportation, water and drainage. Yes. The proposed amendments do not impact transportation. The amendments do clarify that the adequacy of water supply for landscaping irrigation is subject to the City’s review, in order to uphold sustainable application of the region’s limited water supply. More efficient application of water through irrigation systems, which typically includes a higher rate of water uptake for landscaping and lower rate of water lost via site drainage will result from the revisions. The amendments also eliminate the requirement for well water to irrigate City rights-of-way and require the developer to provide water for irrigation of these areas. Reducing well water dependency supports balanced use of groundwater, a tenuous natural resource subject to complex water rights regulations.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The amendments do not address this criterion.
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16. Avoidance or minimization of congestion. Neutral. The amendments do not address this criterion.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of nature hazard or the lack of water, drainage, access, transportation, or
other public services or would necessitate an excessive expenditure of public funds
for the supply of such services. Yes. The amendments ensure the continued protection of infrastructure within subdivisions and condominiums, specifically as relates to water, by adding language to require the identification of groundwater wells on site plan submittals and highlighting City authority to review water supply adequacy for landscaping irrigation.
APPENDIX A – AFFECTED ZONING AND GROWTH POLICY PROVISIONS
Zoning Designation and Land Uses: The proposed amendments apply to all zoning districts and land use types within the City. These amendments are a part of the Unified Development Code Update.
Adopted Growth Policy Designation: The proposed amendments will apply to all new City parks and rights-of-way as they are created, in addition to the maintenance of such existing spaces, and to all future site plan submittals for development applications within the municipal limits of Bozeman City. For discussion on accord with the growth policy see zoning criterion A.
APPENDIX B – NOTICING AND PUBLIC COMMENT Table 38.40.040, BMC lists notice requirements for all types of applications. The notice was submitted Thursday, October 13, 2016 for publication as a legal ad on Sunday, October 16 and October 23, 2016. Notice of the public workshops and hearings were posted City’s website. Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission on Tuesday, November 15, 2016 and City Commission public hearing on Monday, November 21, 2016. As this Text Amendment applies to the entire corporate limits of Bozeman as it exists now and evolves over time through annexation, and it applies to all properties, there is no requirement for posting specific properties.
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No public comment has been received as of the writing of this report. If any public comment is received prior to the public hearings, it will be forwarded to the Zoning Commission members and/or the City Commission.
FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft UDC Text Amendment 2D
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Page 1 of 11
(Unified Development Code revision element 2D, Water - Part 1)
DESCRIPTION: REVISING SECTIONS 38.26.070 and 38.41.080 OF CHAPTER 38,
UNIFIED DEVELOPMENT ORDINANCE, BMC, REGARDING THE PROVISION OF
WATER, USE, AND DISPOSAL OF WATER IN LAND DEVELOPMENT.
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to regulate the development of land to promote public health, safety and welfare
and otherwise execute the purposes of Sections 76-3-102 and 76-2-304, MCA; and
WHEREAS, The City has exercised its authority to establish development procedures
and standards by the adoption of Chapter 38, Unified Development Ordinance, BMC; and
WHEREAS, The City desires to revise its standards to encourage conservation of water,
and respond to changes in the state and national regulatory scheme controlling water; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. Access to, use of, and disposal of water is essential for a community to thrive.
2. The City adopted an Integrated Water Resources Plan to obtain maximum value from its
water resources, encourage water conservation, and address future water needs of the
community.
3. The City relies upon the standards within Chapter 38, BMC to enable the development of
the City in a manner which avoids conflicts, enables public notice of and comment on
development which may affect residents and land owners, and provide predictability in
government actions including those affecting water.
4. There is an advantage to making regulations as clear and readily understood as possible.
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5. It is important to keep the regulations in compliance with state and national requirements.
6. Development incrementally causes substantial effects on the need for water and therefore
it is necessary to consider the issue of water at the time of application for development
approval.
Section 2
That the Bozeman Municipal Code be amended by revising Section 38.26.070,
Landscaping of public lands, to read as follows:
A. City rights-of-way and parks.
1. General.
a. Tree planting permits shall must be obtained from the forestry department prior to
installation of trees in City rights-of-way or parks.
b. Drought tolerant grass seed or other drought tolerant and low water use plantings
authorized by City staff must be planted in these areas unless alternative vegetation is
approved as part of a wetland or watercourse planting plan or mitigation requirement.
2. External streets, open space, and parks. The developer shall be is responsible at the time of
initial development for installing low water use vegetative ground cover, boulevard trees
and an efficient irrigation system in the public right-of-way boulevard strips along all
external perimeter development streets and adjacent to public parks or other open space
areas, including as complies with section 38.27.080, Park development.
a. Prior to installing landscaping in City rights-of-way or parks, the developer must submit
landscaping and irrigation plans to the superintendent of public lands and facilities
department head responsible for maintenance of the facility for review and approval.
The landscaping and irrigation plans shall must be prepared by qualified industry
professionals meeting the requirements of this article. Tree planting permits must be
obtained before any tree is placed on public land.
b. Wells shall be used to irrigate landscaping in these areas. The developer shall must
provide water to irrigate the landscaping in these areas. The adequacy of the water
supply is subject to the City’s review and all state statutory and regulatory
requirements.
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3. Adjacent to individual lots. When individual parcels are developed, the individual property
owners shall be are responsible for installing landscaping and street trees within the
public right-of-way boulevard strips adjacent to their property, and for providing efficient
irrigation, in compliance with section 38.26.050.E.1, Mandatory landscaping provisions.
B. Maintenance.
1. Maintenance of landscaping and irrigation systems installed within the boulevard portion
of the public right-of-way, with the exception of tree trimming and tree removal, is the
responsibility of adjacent property owners.
2. The developer shall be is responsible for irrigating and maintaining landscaping along
external streets and landscaping adjacent to parks or other open space areas until 50
percent of the lots are sold. Thereafter, the property owners association shall be is
responsible for maintaining and irrigating these landscaped areas. The property owners
association may with the City's approval establish an improvement district to collect
assessments to pay for the irrigation and maintenance.
3. The City shall will accept responsibility for the maintenance of all other required
landscaping installed in accordance with approved site plans within the public right-of-
way or on other public lands.
C. State rights-of-way. Landscaping shall must be installed along state rights-of-way, in the same
manner described in this section, provided that the state department of transportation has
reviewed and approved the proposed landscaping plan. Maintenance of landscaping installed
within the boulevard portion of the public right-of-way shall be is the responsibility of
adjacent property owners unless a different responsibility is established by the encroachment
permit.
Section 3
That the Bozeman Municipal Code be amended by revising Section 38.41.080, Site plan
submittal requirements, to read as follows:
Sec. 38.41.080. - Site plan submittal requirements.
A. Applications for all site plan approvals shall must be submitted to the planning department
Department of Community Development on forms provided by the planning director
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Director of Community Development. The site plan application shall must be accompanied
by the appropriate fee and development plans showing sufficient information for the
approval review authority to determine whether the proposed development will meet the
development requirements of the City.
1. General information.
a. Complete, signed application including the following:
(1) Name of project/development;
(2) Location of project/development by street address and legal description;
(3) Name and mailing address of developer and owner;
(4) Name and mailing address of engineer/architect, landscape architect and/or
planner;
(5) Listing of specific land uses being proposed; and
(6) A statement signed by the owner of the proposed development of their intent to
comply with the requirements of this Code and any conditions considered
necessary by the approval body;
b. Location map, including area within one-half mile of the site;
c. List of names and addresses of property owners according to article 40 of this
chapter;
d. For all developments, excluding sketch and reuse/further development, a
construction route map shall must be provided showing how materials and heavy
equipment will travel to and from the site. The route shall must avoid, where
possible, local or minor collector streets or streets where construction traffic would
disrupt neighborhood residential character or pose a threat to public health and
safety.
2. Site plan information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this chapter, existing
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conditions on-site or conditions on-site which would result from the proposed
development:
a. Boundary line of property with dimensions;
b. Date of plan preparation and changes;
c. North point indicator;
d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet;
e. Parcel and site coverage information:
(1) Parcel size in gross acres and square feet;
(2) Estimated Total floor area and estimated ratio of floor area to lot size (floor
area ratio, FAR), with a breakdown by land use; and
(3) Location, percentage of parcel and total site, and square footage for the
following:
(a) Existing and proposed buildings and structures;
(b) Driveway and parking;
(c) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(d) Public street right-of-way;
f. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
g. Location, identification and dimension of the following existing and proposed data,
on-site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary,
exclusive of public rights-of-way, unless otherwise stated:
(1) Topographic contours at a minimum interval of two feet, or as determined by
the planning director Director of Community Development;
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(2) Adjacent streets and street rights-of-way to a distance of 150 feet, except for
sites adjacent to major arterial streets where the distances shall must be 200
feet;
(3) On-site streets and rights-of-way;
(4) Ingress and egress points;
(5) Traffic flow on-site;
(6) Traffic flow off-site;
(7) Utilities and utility rights-of-way or easements:
(a) Electric;
(b) Natural gas;
(c) Telephone, cable TV, fiber optics, and similar utilities;
(d) Water (municipal source, well source, rights, and subdivision plat
information as required);
(e) Sewer (sanitary, treated effluent and storm); and
(f) Agricultural water user easements;
(8) Surface water and groundwater including:
(a) Holding ponds, streams, irrigation ditches, agricultural water user facilities
and groundwater wells;
(b) Watercourses, water bodies and wetlands and whether they are within the
jurisdiction of the US Army Corps of Engineers;
(c) Floodplains as designated on the federal insurance rate map and that may
otherwise be identified as lying within a 100-year floodplain through
additional floodplain delineation, engineering analysis, topographic survey
or other objective and factual basis; and
(d) A floodplain analysis report in compliance with article 31 of this chapter if
not previously provided with subdivision review;
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(9) Grading and drainage plan, including provisions for on-site retention/detention
and water quality improvement facilities as required by the engineering
department or and in compliance with any adopted storm drainage ordinance
or best management practices manual adopted by the city Article 40.4, BMC,
the best management practices manual, and design standards adopted by the
City:
(a) All drainageways, streets, arroyos, dry gullies, diversion ditches,
spillways, reservoirs, etc., including those which may be incorporated into
the storm drainage system for the property, must be designated:
(i) The name of the drainageway (where appropriate);
(ii) The downstream conditions (developed, available drainageways, etc.);
and
(iii) Any downstream restrictions.
(10) Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
(11) Sidewalks, walkways, driveways, loading areas and docks, bikeways,
including:
(a) typical details and interrelationships with vehicular circulation system,
indicating proposed treatment of points of conflict;
(b) associated site wayfinding or security lighting;
(c) surface material specifications;
(d) a statement requiring lot accesses to be built to the standard contained in
this section, the City design standards and specifications policy; and
(e) the City modifications to state public works standard specifications;
(12) Provision for handicapped accessibility, including, but not limited to,
wheelchair ramps, parking spaces, handrails and curb cuts, including
construction details and the applicant's certification of ADA compliance;
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(13) Fences and walls, including typical details;
(14) Exterior signs;
(15) Exterior refuse collection areas, including typical details;
(16) A site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere
with lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type. The materials required in section 38.41.060.A.18, if not
previously provided;
(17) Curb, asphalt section and drive approach construction details;
(18) Landscaping (detailed plan showing plantings, equipment, details. Include
keyed drawing separate from civil plan showing site and structural open space
(e.g., hardscape or nonvegetative features, structural plaza, patio or roof),
plantings, equipment, irrigation system and other appropriate information as
required in section 38.41.100, and in accordance with 38.23.080, BMC, as
concerns stormwater retention/detention facility landscape amenities and
38.27.020 for park area and open space requirements);
(19)Unique natural features, significant wildlife areas and vegetative cover,
including existing trees and shrubs having a diameter greater than 2.5 inches,
by species such as underground springs, rock outcroppings, specimen trees,
etc., significant wildlife habitat areas, including nesting and breeding sites, and
all vegetative cover. Include existing trees having that have a diameter greater
than 4 inches, and shrub groupings, by species, with special notation of any
threatened or endangered floral or fauna species;
(20) Snow storage areas;
(21) Location of City limits boundaries, and boundaries of Gallatin County's
Bozeman Area Zoning Jurisdiction, within or near the development;
(22) Existing zoning within 200 feet of the site;
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(23) Historic, cultural and archaeological resources, describe and map any
designated historic structures or districts, and archaeological or cultural sites;
and
(24) Major public facilities, including schools, parks, trails, etc.;
h. Detailed plan of all parking facilities, including circulation aisles, access drives,
bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-
street parking, number of employee and nonemployee parking spaces, existing and
proposed, and total square footage of each;
i. The information required by section 38.41.060.A.12, subject to the following
exceptions:
(1) Such information was previously provided through a subdivision review
process; or
(2) The provision of such information was waived in writing during subdivision
review of the land to be developed; or
(3) The provision of such information is waived in writing by the City engineer
prior to submittal of a preliminary site plan application; or
(4) The application for site plan approval involves the redevelopment of property
located within the City's established neighborhood conservation overlay
district. In such cases, the City may require the property owner to sign a waiver
of right to protest creation of a special improvement district, or other form of
agreement, assuring participation, on a fair share, pro-rata basis, in future
improvements to intersections in the vicinity of the development proposal; or
(5) The application for site plan approval involves the adaptive reuse of an
existing building, regardless of its location within the City, or the
redevelopment of a property located within one of the City's urban renewal
districts. In cases where an existing building or complex of buildings is to be
torn down and replaced with a larger building or complex of buildings, the
City engineer may require the information described in section 38.41.060.A.12
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to evaluate the additional traffic impacts resulting from development of the
larger building or complex of buildings;
j. Building design information (on-site):
(1) Building heights and elevations of all exterior walls of the building or
structure;
(2) Height above mean sea level of the elevation of the lowest floor and location
of lot outfall when the structure is proposed to be located in a floodway or
floodplain area;
(3) Floor plans depicting location and dimensions of all proposed uses and
activities; and
(4) All on-site utilities and mechanical equipment;
k. Description and mapping of soils existing on the site, accompanied by analysis as
to the suitability of such soils for the intended construction and proposed
landscaping;
l. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking
facilities;
m. Unless already provided through a previous subdivision review, a noxious weed
control plan complying with section 38.41.050; and
n. Drafts of applicable supplementary documents as set forth in Article 38, BMC;
o. The information necessary to complete the determination of density change and
park land provision required by section 38.27.020.B, unless such information was
previously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If
a new park will be created by the development the park plan materials of section
38.41.060.A.16, must be provided;
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p. Affordable housing. Describe how the site plan will satisfy any requirements of
chapter 10, article 8 which have either been established for that lot through the
subdivision process or if no subdivision has previously occurred are applicable to a
site plan. The description must be of adequate detail to clearly identify those lots
and dwellings designated as subject to chapter 10, article 8 compliance
requirements and to make the obligations placed on the affected lots and dwellings
readily understandable;
q. Phased site plans:
(1) A phasing plan showing the location of phase boundaries and that each phase
will be fully functional if subsequent phases are not completed;
(2) A utilities plan showing that each phase will be able to be fully functional if
subsequent phases are not completed;
(3) A revegetation and grading plan showing how disturbed areas will be
revegetated to control weeds and how site grading and drainage control will be
maintained as phased construction proceeds;
(4) If the applicant intends for multiple phases to be under construction
simultaneously, evidence of financial commitment from the project lender for
the completion of all phases to be undertaken at once. Evidence of financial
commitment may be provided at the time the building permits for the multiple
phases are sought.
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