HomeMy WebLinkAbout19403 Ord 2032 Establish a Vertical Datum Staff Report ZC 9-26-2019Page 1 of 7
19403, Staff Report to Amend Chapters 34 and 38 of the Bozeman Municipal
Code to Establish a Vertical Datum, Ordinance 2032
Public Hearing Dates:
Zoning Commission meeting is on Tuesday, October 1, 2019 at 6:00 p.m.
City Commission meeting is on Monday, October 28, 2019 at 6:00 p.m.
Project Description: Amend land use regulations of the Unified Development Code
(UDC), Chapter 38, and Chapter 34 (Streets, Sidewalks, and Other Public Places) of
the Bozeman Municipal Code to establish a vertical datum.
Project Location: These amendments apply to the entire City and all zoning districts.
Recommendation: Approval.
Recommended Zoning Commission 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 application 19403 and move to
recommend that the City commission adopt Ordinance 2032.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 19403 and move to provisionally adopt Ordinance 2032.
Report: September 26, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The City of Bozeman applies to revise Chapters 34 and 38 of the Bozeman Municipal Code
to establish a vertical datum, as professional standards have changed.
The current BMC references vertical data points which no longer exist, and it is in the
interest of the City and public welfare to establish a common datum for all City uses.
The proposed text amendments are described below.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 2 of 7
1. Revise section 34.01.010 – Datum line for establishment of street grades; bench
marks – to remove obsolete references and establish procedure to adopt a new vertical
datum for all city purposes. 2. Revise section 38.700.030 – remove reference to specific datum and substitute general reference to adopted City standard for vertical datum. 3. Revise section 38.700.120 – revise definition of mean sea level and substitute general
reference to adopted City standard for vertical datum.
Alternatives
1. Direct additional revisions to the ordinance.
2. Do not adopt the ordinance, or
3. Request additional information and continue further discussion of the ordinance.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 2
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5
APPENDIX A - PROJECT BACKGROUND ......................................................................... 6
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 6
APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 7
FISCAL EFFECTS ................................................................................................................... 7
ATTACHMENTS ..................................................................................................................... 7
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for municipal code amendment, Staff recommends
approval as submitted.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 3 of 7
The Zoning Commission will hold a public meeting on the text amendments on Tuesday,
October 1, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
The City Commission will hold a public meeting on the text amendments on Monday,
October 28, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). 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.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. 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.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. Table 16-1 of the Bozeman Community Plan lists Implementation Policies and Actions.
Policy 1.a. states that the Community Plan, “shall guide all capital facilities planning and
construction, which shall further the community vision described in the Bozeman
Community Plan.” Additionally, Policy 1.b. states to “review, and revise as necessary, all
municipal ordinances to comply with and advance the goals, objectives, and community
vision of the Bozeman Community Plan”.
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing
development which surrounds it. Respect for context does not automatically prohibit
difference in scale or design.
Infill is supported by an accurate vertical datum which enables accurate modeling of water
and sewer systems. This supports efficient and timely removal of bottlenecks in service
mains. Establishing a vertical datum affects planning and construction and revising municipal
ordinances as necessary is supported by the Community Plan. Therefore, the proposed
amendment is in accordance with the growth policy.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 4 of 7
As this is a text amendment only there is no need to analyze accordance with the future land
use map. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The City’s land development standards are in place to protect public health, safety, and
general welfare. This amendment does not change any of those standards. Therefore, the
existing standards continue to meet this criterion. This amendment supports development of
adequate water delivery systems which include fire suppression.
C. Promote public health, public safety, and general welfare.
Yes. The City’s land development standards are in place to protect public health, safety, and
general welfare. The development approval process is an implementing tool for those
protection measures to ensure adequate reviews and oversights occur. With the current
outdated datum information needed for accurate development review is harder to obtain.
Inaccurate vertical datum adds cost to design and construction for public infrastructure and
make integration between separate projects harder. The proposed amendments serve to
alleviate that issue and provide more clarity and efficiency with new infrastructure which
protects the public health, safety, and welfare.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The City’s land development standards are in place to protect public health, safety, and
general welfare. This is often supported or accomplished by ensuring adequate infrastructure
is in place in a timely manner. The development approval process is an implementing tool for
those protection measures to ensure adequate reviews and oversights occur. With the current
outdated datum information needed for accurate infrastructure design and modeling is harder
to obtain. Inaccurate vertical datum adds cost to design and construction for public
infrastructure and make integration between separate projects harder. The proposed
amendments serve to alleviate that issue and provide more clarity and efficiency with new
infrastructure which provides the services listed in this criterion.
E. Reasonable provision of adequate light and air.
Neutral. This is not applicable for the proposed amendment as it does not change any
standard affecting this criterion.
F. The effect on motorized and non-motorized transportation systems.
Yes. The proposed amendment helps establish accurate information which is essential to the
design of these systems. The proposed amendment supports improved predictability in design
within the City to correlate with design practices by other local communities. Greater
predictability improves construction planning and coordination for both public and private
contracts.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 5 of 7
G. Promotion of compatible urban growth.
Neutral. This is not applicable for this proposed amendment. The amendment is uniformly
applicable throughout the City. It does not alter the zoning map or otherwise change the
nature or location of development.
H. Character of the district.
Neutral. This is not applicable for this proposed amendment. The proposed amendment only
addresses a review procedure and does not change the built environment. The new process is
applicable in all zoning districts.
I. Peculiar suitability for particular uses.
Neutral. This is not applicable for the proposed amendment. The amendment only revises a
process and does not alter any development standard. It does not modify the zoning map in
any way. As a generally applicable design benchmark it is not limited to any particular
location.
J. Conserving the value of buildings.
Neutral. This is not applicable for the proposed amendment. The proposed amendment only
addresses a review procedure and does not change the built environment.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. This is not applicable for this proposed amendment. The proposed amendment does
not alter the zoning map.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF 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. For this text amendment application, the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners would include all owners within the affected area. This protest does not apply to provisions relating to subdivision review as there is no state authority for protest of subdivision regulations.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 6 of 7
APPENDIX A - PROJECT BACKGROUND
The City of Bozeman applies to revise Chapters 34 and 38 of the Bozeman Municipal Code
to establish a vertical datum, as professional standards have changed.
The current BMC references vertical data which no longer exist, and it is in the interest of the
City and public welfare to establish a common datum for all City uses.
The proposed text amendments are described below.
1. Revise section 34.01.010 – Datum line for establishment of street grades; bench
marks – to remove obsolete references and establish procedure to adopt a new vertical datum for all city purposes. 2. Revise section 38.700.030 – remove reference to specific datum and substitute general reference to adopted City standard for vertical datum.
3. Revise section 38.700.120 – revise definition of mean sea level and substitute general
reference to adopted City standard for vertical datum.
The City relies upon the vertical datum to set how any point in an infrastructure project
relates in the third dimension of height to other locations throughout the City. This is
especially critical for water related projects where accurate grades determine whether a
project is functional or not. As the City has more intensive development accurate computer
modeling of the existing and future utility systems will play an increasing role. Such
computer models are essential in providing accurate maintenance investments, scheduling
expansion and upgrades of existing facilities, and determining where development potential
may be limited.
The existing bench marks in Chapter 34 were established many years ago. Subsequently, all
three of those bench marks have been destroyed and are no longer available. The new
professional best practice is to use the vertical datum established by the US National
Geodetic Survey. The current version of that datum is referred to as NAVD88. The draft
language enable ready updating of the datum as such updates occur.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on September
15, 2019 and September 29, 2019 in the Bozeman Daily Chronicle.
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 7 of 7
APPENDIX C - APPLICANT INFORMATION AND STAFF
REPRESENTATIVE
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771.
Staff Representative: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text 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 Ordinance 2032