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HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A2. Ord 2032 Provisional, Amending Chapters 34 and 38 of the BMC for Vertical Datum - SUPPLEMENTAL MATERIALSMonday, October 28, 2019 City Commission –Ordinance 2032 October 2019 ZCA Application 19403 Ordinance 2032 –Vertical Datum 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. October 2019 ZCA Application 19403 Ordinance 2032 –Vertical Datum 1.New language to establish vertical datum by Resolution upon recommendation of Director of Public Works. 2.Anticipated vertical datum is North American Vertical Datum of 1988 (NAVD 88) set by US National Geodetic Survey. Future adoption to be coordinated with final adoption of Ordinance 2032. A. Be in accordance with a growth policy. B. Secure safety from fire and other dangers. C.Promote public health, public safety, and general welfare. D.Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. E.Reasonable provision of adequate light and air. F.The effect on motorized and non- motorized transportation systems. G.Promotion of compatible urban growth. H.Character of the district. I. Peculiar suitability for particular uses. J.Conserving the value of buildings. K.Encourage the most appropriate use of land throughout the jurisdictional area. Sec. 76-2-304, MCA Zoning Criteria of Evaluation: (page 321 of packet) October 2019 ZCA Application 19403 Public Comment Recommendation •Staff recommends approval. •Zoning Commission recommends approval •No public comments received on this application. Recommended Commission Motion –Ordinance 2032: 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 adopt Ordinance 2032. October 2019 ZCA Application 19403 Monday, October 28, 2019 City Commission –Ordinance 2031 October 2019 ZCA Application 19403 Ordinance 2031 –Voluntary Abandonment of Approval Revise section 38.230.140 –Final Plan to add procedures for an applicant to voluntarily abandon approval of an application which was previously granted. This amendment does not change any approval or process of approval for zone map amendments. A. Be in accordance with a growth policy. B. Secure safety from fire and other dangers. C.Promote public health, public safety, and general welfare. D.Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. E.Reasonable provision of adequate light and air. F.The effect on motorized and non- motorized transportation systems. G.Promotion of compatible urban growth. H.Character of the district. I. Peculiar suitability for particular uses. J.Conserving the value of buildings. K.Encourage the most appropriate use of land throughout the jurisdictional area. Sec. 76-2-304, MCA Zoning Criteria of Evaluation: (page 334 of packet) October 2019 ZCA Application 19403 Public Comment Recommendation •Staff recommends approval. •Zoning Commission recommends approval. •No public comments received on this application. Recommended Commission Motion –Ordinance 2031: 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 adopt Ordinance 2031. October 2019 ZCA Application 19403 Monday, October 28, 2019 City Commission –Ordinance 2030 October 2019 ZCA Application 19403 Ordinance 2030 –Extend Zoning Plan Adequacy and Acceptability Review times 1.Section 38.230.090 –Plan Review Procedures –to revise the timelines for when applications reviewed under zoning authority must be deemed to be acceptable or adequate, and when action to approve, deny, or approve with conditions must be taken. 2.Section 38.230.110 –Conditional Use Permit –to strike a fixed time frame for notification in writing of final action on a conditional use permit. October 2019 ZCA Application 19403 Ordinance 2030 –Extend Zoning Plan Adequacy and Acceptability Review times What is acceptability and adequacy? (38.230.090.D) 1.Acceptability is the determination as to whether an application omits any of the required submittal elements. This work is done by Community Development. 2.Adequacy is the determination as to whether an application contains all the required elements in sufficient detail and accuracy to enable the review authority to make a determination that the application either does or does not conform to the requirements of this chapter and any other applicable regulations under the jurisdiction of the city. This work is performed by many specialist departments and divisions and coordinated by Community Development. October 2019 ZCA Application 19403 2017 336 homes –19 Buildings Two new streets, new park 19 construction phases 1997 20 homes –5 Buildings No infrastructure extension or park 2 phases A. Be in accordance with a growth policy. B. Secure safety from fire and other dangers. C.Promote public health, public safety, and general welfare. D.Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. E.Reasonable provision of adequate light and air. F.The effect on motorized and non- motorized transportation systems. G.Promotion of compatible urban growth. H.Character of the district. I. Peculiar suitability for particular uses. J.Conserving the value of buildings. K.Encourage the most appropriate use of land throughout the jurisdictional area. Sec. 76-2-304, MCA Zoning Criteria of Evaluation: (page 348 of packet) October 2019 ZCA Application 19403 Public Comment Recommendation •Staff recommends approval. •Zoning Commission motion to approve failed on vote of 2:2 •One public comment received on this application. Comment in opposition forwarded to Commission prior to packets. Recommended Commission Motion –Ordinance 2030: 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 adopt Ordinance 2030. October 2019 ZCA Application 19403 Monday, October 28, 2019 City Commission –Ordinance 2029 October 2019 ZCA Application 19403 Ordinance 2029 –General Revisions to Chapter 38 1.Revise Section 38.220.110 Submittal Requirements For Landscape Plans to remove reference to 38.550.060 and landscaping points. 2.Revise Section 38.330.010 UMU District Special Standards to remove reference to 38.550.060 and associated landscaping requirements. 3.Revise Section 38.550.040 Landscape Plan Review to remove reference to 38.550.060 and associated landscaping requirements. 4.Revise Section 38.550.050 Mandatory Landscaping Provisions to relocate certain elements of 38.550.060, to revise minimum standards for landscaping for all applications that require a landscaping plan, and include cross references to other related portions of the municipal code. 5.+Delete Section 38.550.060 Landscape Performance Standards 6.Revise Section 38.550.090 –Landscape Completion to modify requirements for guarantees for completion of certain types of landscaping. October 2019 ZCA Application 19403 Ordinance 2029 7.+Revise Section 38.230.070 Sketch Plan Review to authorize review of accessory dwelling units in the Residential Office RO, and Residential High Density Mixed Use R5 district as a sketch plan, and authorize review of Group Living for 8 persons or less on a single residential lot as a sketch plan. 8.* Revise Table 38.310.040.A Permitted general sales uses in commercial, mixed-use, and industrial zoning districts to remove Automobile, boat or recreational vehicle sales, service and/or rental as a permitted use for three zoning districts. 9.+Revise Section 38.360.130 Group Living to revise the area required per person in different zoning districts to correlate with prior changes to minimum lot sizes. 10.Revise Table 38.540.050-6 to revise the number of bicycle parking spaces required in certain areas of the B2-M zoning district to change from 5 to 2.5 spaces per 1,000 square feet for some uses. 11.* Revise Section 38.700.140 to delete the definition of Open sales (or rental) lot. A. Be in accordance with a growth policy. B. Secure safety from fire and other dangers. C.Promote public health, public safety, and general welfare. D.Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. E.Reasonable provision of adequate light and air. F.The effect on motorized and non- motorized transportation systems. G.Promotion of compatible urban growth. H.Character of the district. I. Peculiar suitability for particular uses. J.Conserving the value of buildings. K.Encourage the most appropriate use of land throughout the jurisdictional area. Sec. 76-2-304, MCA Zoning Criteria of Evaluation: (page 364 of packet) October 2019 ZCA Application 19403 Public Comment Recommendation •Staff recommends approval. •Zoning Commission recommends approval on vote of 3:1 •Design Review Board motion to approve sections 1-6 failed on vote of 3:3 •No public comments received on this application. Revised Recommended Commission Motion –Ordinance 2029: 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 2029 with revisions to Section 4 amending 38.550.050.C.2.d to read “d. No tree shall be planted closer than three four feet to the back of the curb or edging equivalent.paved portion of the parking lot.”; and 38.550.050.K “When the City verifies it is not possible to meet minimum separation distance from utilities AND NO OTHER ARRANGEMENT CAN BE APPROVED, SUCH tree or large vegetation is not required”. October 2019 ZCA Application 19403 October 2019 ZCA Application 19403 Examples of new code standards integrating landscaping October 2019 ZCA Application 19403 Examples of new code standards integrating landscaping 38.520.070.C. Screening of ground related service areas and mechanical equipment. 2. The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest. October 2019 ZCA Application 19403 Examples of new code standards integrating landscaping 38.530.070.C. Untreated blank walls visible from a public street, pedestrian-oriented space, common usable open space, or pedestrian pathway are prohibited. Methods to treat blank walls may include: … 2.Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall's surface within three years. 3.Installing a vertical trellis in front of the wall with climbing vines or plant materials. … For large visible blank walls, a variety of treatments may be required to meet the intent of the standards.