HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A2. Ord 2032 Provisional, Amending Chapters 34 and 38 of the BMC for Vertical Datum1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 2032 to revise chapters 34 and 38 of the
municipal code to establish a common vertical datum, Application 19403.
STRATEGIC PLAN: Implements strategic plan 7.3.c to utilize best practices and improve
departmental collaboration.
MEETING DATE: October 28, 2019
AGENDA ITEM TYPE: Action (legislative)
RECOMMENDATION: Meets standards for approval.
BACKGROUND: The City of Bozeman staff proposes 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 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.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachments: Staff Report
Ordinance 2032
Report compiled on October 3, 2019
Commission Memorandum
318
Page 1 of 8
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: Tuesday, October 1, 2019 at 6:00 p.m.
City Commission: 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.
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: October 3, 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
datum establishes the elevation point that enable coordination in all engineering design and
319
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 2 of 8
infrastructure installation. An accurate and correct vertical datum is essential for the
development of effective computer models of water systems and street design.
If this ordinance receives provisional approval, the implementing resolution will be prepared
and coordinated for adoption simultaneously with the final effective date of the ordinance.
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.
Zoning Commission
The Zoning Commission held their public hearing on October 1, 2019. There was no public
comment. A motion to recommend approval passed on a vote of 4-0.
The video of the meeting is available at: https://media.avcaptureall.com/session.html?sessionid=923a4d71-317b-457c-a33d-
3307644d5374&prefilter=654,3835. Discussion on this item begins at 18:20 in the recording.
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
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
320
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 3 of 8
APPENDIX A - PROJECT BACKGROUND ......................................................................... 6
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 7
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.
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
321
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 4 of 8
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.
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
322
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 5 of 8
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.
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.
323
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 6 of 8
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.
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. Today’s
324
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 7 of 8
professional best practice for surveying and engineering is to use the vertical datum
established by the US National Geodetic Survey.
The current version of that datum is referred to as NAVD88. A vertical datum is a base
measurement point (or set of points) from which elevations are determined. Historically, the
standard datum used by the federal government was the National Geodetic Vertical Datum of
1929 (NGVD 29). However, the North American Vertical Datum of 1988 (NAVD 88) is now
the national standard.
NAVD88 is more compatible with modern surveying and mapping technologies like Global
Positioning Systems (GPS). It also is more accurate than the previous national vertical
datum, NGVD29.
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.
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. Consistent
vertical datum will likely reduce long term infrastructure design and modeling costs.
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
325
Staff Report for Ordinance 3032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical
datum
Page 8 of 8
326
Page 1 of 4
ORDINANCE 2032
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 34.01 AND 38.7 OF THE BOZEMAN MUNICIPAL
CODE TO REVISE AND CONSOLIDATE STANDARDS FOR VERTICAL DATUM
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City established standards for the horizontal and vertical location of
infrastructure and for application of flood management regulations; and
WHEREAS, section 34.01.010 references vertical data which no longer exist; and
WHEREAS, it is in the interests of the City and public welfare to establish a common
datum for all City uses to enable coordination between public and private improvements, improve
coordination between the City and other governmental bodies, and to enable the datum to be
readily updated and kept current as professional standards change.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 34.01.010 of the Bozeman Municipal Code be amended as follows:
Sec. 34.01.010. - Datum line for establishment of street grades and all other City purposes; bench marks.
327
Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
Page 2 of 4
A. A datum line, or base, from which the grades of the several streets and avenues within the
city shall be determined, is hereby defined, fixed and designated by reference to the following
described bench marks, as follows:
1. The top of the sandstone base at the foot of the iron column on the west-side main entrance to the fire engine room in the building known as the City Hall, situated at the southwest corner
of East Main Street and Rouse Avenue, is 794.04 feet above datum.
2. The top of the first stone step above the sidewalk, at the west end of the steps and front edge
of same, at the front entrance of the Bozeman National Bank in the building known as the
Krueger Block, situated at the southwest corner of Main Street and Bozeman Avenue, is 793.99 feet above datum.
3. The top of the stone ball at the front entrance to the courthouse, at the foot of the steps, on
the east side, is 801.06 feet above datum.
The vertical datum is established by Resolution of the City Commission.
Section 2
That section 38.700.030 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Base flood elevation. The elevation above sea level of the base flood in relation to North American
Vertical Datum of 1988 the City’s adopted vertical datum unless otherwise specified in the flood
hazard study.
Section 3
That section 38.700.120 of the Bozeman Municipal Code be amended as follows with all
other elements to remain as presently existing:
Mean sea level. The North American Vertical Datum of 1988 (NAVD88) City’s adopted vertical
datum or other datum to which base flood elevations are referenced.
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
328
Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
Page 3 of 4
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
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 Sections 1-3.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
329
Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to establish a vertical datum
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28th day of October, 2019.
____________________________________
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 ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
330