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HomeMy WebLinkAbout10-30-16 Public Comment - H. Happel - Water Part 1, UDC Revision 2DFrom:Tom Rogers To:Mayana Rice; Rebecca Owens Cc:Chris Saunders; Martin Matsen Subject:FW: Joint Zoning Commission & Planning Board - November 1, 2016 Date:Monday, October 31, 2016 8:56:00 AM Attachments:Ord 1962 - B2-M and R-5sign code added-hh.docxOrd 1963 - R-5 group living-hh.docxOrd 1964 - B1 noted added-hh.docxOrd 1965 - Parks as an allowed use-hh.docxUDC Revision 2D - WATER part 1 - 10.13.16-hh.docx For your information. I will follow up once I finish reading Hap’s comments. From: Henry Happel [mailto:henryhhappel@gmail.com] Sent: Sunday, October 30, 2016 10:41 AMTo: Tom RogersCc: Paul NeubauerSubject: Re: Joint Zoning Commission & Planning Board - November 1, 2016 Tom— Here are some questions and comments concerning the proposed language in the ordinanceswe’ll be considering on Tuesday. Please feel free to pass these along to others in the Community Development Dep’t as you feel appropriate. Best,Hap p.s. Paul— Just keeping you in the loop. On Oct 28, 2016, at 2:08 PM, Tom Rogers <TRogers@BOZEMAN.NET> wrote: Dear Planning Board & Zoning Commission members, Attached is the final agenda and associated documents for each agenda item for your consideration. The November 1, 2016 meeting has one Zoning Commission only agenda item and five (5) text amendments associated with the UDC update project. Thank you for your patience waiting for the final agenda. With the departure Alicia Kennedy, of our administrative support expert, and the arrival of Mr. Martin Matsen our new Community Development Director, my ability to get the information to you was delayed. Thank you in advance for your consideration of these items. Tom Rogers | Senior Planner | AICPCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MTtrogers@bozeman.net | 406.582.2268 City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. <Planning Board - 11-01-2016 Agenda.docx> 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. Commented [HH1]: Delete this word? Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 2 of 11 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. Commented [HH2]: Is this just City parks, or is it something broader? Sec. 2 refers to “public parks.” Sec. 3 refers to “parks.” The terminology should be consistent and clear. Commented [HH3]: Something’s not right with the terminology here. Commented [HH4]: Where are the requirements of this Article set forth? Sorry, I couldn’t find them. Commented [HH5]: Is “these areas”: 1. “City rights-of-way or parks”, or 2. “the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas” Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 3 of 11 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 Director of Community Development. The site plan application shall must be accompanied by the Commented [HH6]: Section 38.26.050.E.1 doesn’t say anything about irrigation. Doesn’t the word order of the sentence needs to be changed to read, “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 in compliance with Section 38.26.050.E.1, and for providing efficient irrigation of such landscaping and street trees.”? Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 4 of 11 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 conditions on-site or conditions on-site which would result from the proposed development: a. Boundary line of property with dimensions; Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 5 of 11 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; (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; Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 6 of 11 (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; (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: Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 7 of 11 (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; (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 Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 8 of 11 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 2.5 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; (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 Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 9 of 11 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 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; Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 10 of 11 (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; 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: Amendment 2D, Water Use and Application Materials Revisions Water Part I / UDC Rev. 2D Page 11 of 11 (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.