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Home My WebLink About04-23-18 City Commission Packet Materials - C13. Ordinance 1998 Final, Amending DRB Duties in UDC Update Commission Memorandum REPORT TO Mayor and City Commission FROM: Martin Matsen, Director of Community Development Addi Jadin, Associate Planner SUBJECT: Final adoption of Ordinance 1998, Amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties, Application 18095. MEETING DATE: April 23, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1998, Design Review Board Duties RECOMMENDED MOTION: Having reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1998, amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties. BACKGROUND: The City Commission held a public hearing on April 9, 2018 and provisionally adopted Ordinance 1998. With the removal of entryway corridor requirements from the UDC and application of design standards city-wide, the intent was for the DRB to review projects city-wide. The primary purpose of the Ordinance is to enact that change. The Ordinance removes CUP review from the purview of the Design Review Board because the DRB is established to evaluate aesthetic considerations of larger and more complex proposals rather than the use of a property or building. Finally, the amendment will correct code references in Section 2.05.3000 to reflect the new UDC organization, will ensure that all references to DRB duties within the UDC are listed in Chapter 2, and will remove redundant references. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified Attachments: Ordinance 1998 for final adoption Report compiled on April 10, 2018 137 Page 1 of 6 ORDINANCE NO. 1998 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND BOZEMAN MUNICIPAL CODE SECTION 2.05.3000, DESIGN REVIEW BOARD DUTIES, TO HARMONIZE WITH AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE AND TO REMOVE CONDITIONAL USE PERMITS FROM THE PURVIEW OF THE DESIGN REVIEW BOARD. WHEREAS, Bozeman Municipal Code is established in accordance with MCA 7-5-107 and MCA 7-5-108; and WHEREAS, the Design Review Board is established in Section 2.05.3000 to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority; and WHEREAS, Chapter 38 of Bozeman Municipal Code is adopted by authority of MCA 76- 2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701 et seq.; and WHEREAS, the City of Bozeman adopted amendments to Chapter 38 of the Bozeman Municipal Code by approving Ordinance Nos. 1978 and 1994 on December 18, 2018 and February 26, 2018, respectively; and WHEREAS, the amendments in Ordinances 1978 and 1994 include reorganization of code references and elimination of entryway corridor requirements from the Unified Development Code; 138 Ordinance No. 1998, Design Review Board Duties Page 2 of 6 WHEREAS, the Design Review Board reviewed the proposed amendments in Ordinance 1998 and voted unanimously, 4:0, to recommend approval to the City Commission at their meeting on Wednesday, March 28, 2018; and WHEREAS, the Bozeman City Commission held a duly noticed public hearing on April 9, 2018; and voted unanimously, 5:0, to approve Ordinance 1998, amending Bozeman Municipal Code Section 2.05.3000, Design Review Board Duties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: The City Commission hereby adopts the following findings: 1. The above recitals are incorporated herein. 2. The proposed amendments are consistent with the intent of the City Commission in their discussions regarding Ordinances 1978 and 1994 to expand the scope of the Design Review Board to review projects of a certain size and intensity throughout the City of Bozeman. 3. There is value to the community in having all elements of the municipal code in harmony. 4. Chapter 38, BMC, makes several references to the Design Review Board’s duties that are not currently included in Chapter 2. 5. The City Commission intends to remove review procedures for which a clear public benefit is not apparent and most conditional uses occur within existing structures with minimal change to the exterior of the building and the Design Review Board’s duties is focused on building and site design of larger and more complex proposals. 6. Projects that meet the thresholds of Section 38.230.040.C. require DRB review for aesthetic considerations whether or not they are conditional uses. 139 Ordinance No. 1998, Design Review Board Duties Page 3 of 6 Section 2 That Section 02.05.3000 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.3000. - Established—Powers and duties. A. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications located within overlay districts meeting one or more of the thresholds of 38.19.040.C.; 2. Conditional use permits located within overlay districts, but excluding conditional use permits for the purpose of accessory dwelling units and conditional use permits which do not create additional building area; 3. Planned unit developments; 4. Appeals from ADR decisions; and 5. Review of applications for large scale retail; C. The DRB 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; D. The DRB may review applicable development proposal applications for zoning text amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors; E. The DRB has responsibility for projects subject to 38.19.040.C. Sec. 2.05.3000. - Established—Powers and duties. A. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications meeting one or more of the thresholds of 38.230.040.C.; 140 Ordinance No. 1998, Design Review Board Duties Page 4 of 6 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB 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; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with 38.230.160.; E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with 38.340.020. Section 4 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 5 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 141 Ordinance No. 1998, Design Review Board Duties Page 5 of 6 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 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 7 Codification. This Ordinance shall be codified as indicated in Section 2. Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final passage. 142 Ordinance No. 1998, Design Review Board Duties Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 9th day of April, 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 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 23rd day of April, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 143