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HomeMy WebLinkAboutChapter_62 DRC DRB ADR WRB BOA Title 18 Chapter 62 DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA) 18.62.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA A. Purpose. The Development Review Committee (DRC), Design Review Board (DRB), Administrative Design Review staff (ADR) and Wetlands Review Board (WRB) are established to coordinate, expedite and assure fair and equitable implementation of this title. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this title. All bodies authorized under this chapter may call upon any City staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this title. The DRC is the body charged with reviewing items relating to public health and safety. a. The DRC shall act as an advisory body to the Planning Director for site plans when no variance or deviation is requested; and b. The DRC shall act as an advisory body to the City Commission for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, annexations and other actions as requested by staff or the City Commission. 2. DRB. The 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 Planning Director or City Commission, subject to the provisions of this title. a. The DRB shall act as an advisory body to the Planning Director for site plans within overlay districts meeting one or more of the thresholds of subsection A.2.e of this section when no variance or deviation is requested; and b. The DRB shall act as an advisory body to the City Commission regarding: (1) Site plans within overlay districts meeting one or more of the thresholds of subsection A.2.e of this section when variances or deviations are requested; (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 §18.34.040.B. XVIII-62 1 9/2006 3. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant community impact and to provide recommendations regarding such proposals to the Planning Director and City Commission, subject to the provisions of this title. a. The ADR staff shall act as the approval authority for sketch plans within overlay districts when no variance or deviation is requested; b. The ADR staff shall act as an advisory body to the Planning Director for site plans within overlay districts not meeting one or more of the thresholds of §18.34.040.B when no variance or deviation is requested; c. The ADR staff shall act as an advisory body to the Planning Director regarding reuse/further development permits within overlay districts; and d. The ADR staff shall act as an advisory body to the City Commission regarding all sketch plans and site plans not meeting one or more of the thresholds §18.34.040.B within overlay districts when variances or deviations are requested, for conditional use permits for accessory dwelling units, conditional use permits where no additional building area will be created, and non-PUD divisions of land; e. The ADR 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; and f. The ADR may review applicable development proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors. 4. WRB. The WRB is established to prepare functional assessments of regulated wetlands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities may have on delineated wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations regarding such proposals to the Planning Director and City Commission, subject to the provisions of this title. a. The WRB shall act as an advisory body to the Planning Director for sketch plans and site plans when no variance or deviation is requested. b. The WRB shall act as an advisory body to the City Commission for larger and more complex proposals including conditional use permits, planned unit developments, all site plans involving variances or deviations, divisions of land, zone map amendments, and other actions as requested by staff or the Commission. 5. BOA. The BOA is established to consider zoning variances, deviations, site plans which include variance or deviations, and conditional use permits, subject to the provisions of this title. Variances and deviations are subject to Chapter 18.66 and conditional use permits are subject to Chapter 18.34, in addition to the other relevant aspects of this title. B. Development Review Committee Procedures Established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the City departments charged with development review. Each department shall have the ability and authority to require the DRC to make a recommendation of denial when in their view the project can not meet the requirements and review criteria of this title and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the Planning Department, shall be made setting forth the DRC’s recommendation to the Planning Director or City Commission and reasons for requiring such conditions as may be deemed necessary by the DRC. These records shall be preserved as part of the official file for each development proposal. Lastly, the DRC shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental XVIII-62 2 9/2006 procedural rules that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The DRC shall at a minimum be composed of the following personnel: City Engineer or designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitation Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning Director or designee and the Building Official or designee. When necessary, other members of the committee may include: the Director of Public Safety or designee, the Superintendent of Facilities and Public Lands or designee, the Superintendent of Recreation or designee, the City Manager or designee, with other individuals to be included as necessary at the Planning Director’s request. 2. When applicable, the DRC may solicit the input of non-City agencies and persons including, but not limited to, the county subdivision review officer or designee, the County Sanitarian or designee, the County Road Superintendent or designee, and state or federal agencies, with other individuals to be included as necessary. C. Design Review Board Procedures Established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by members of the DRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each developmental proposal. Lastly, the DRB shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the design review process. 1. The DRB shall consist of six professional and two nonprofessional members. Professional members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. An appointment to a term of service on the DRB is for two years. The professional contingent shall consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members shall have demonstrated expertise in urban design. Nonprofessional members shall be individuals with an interest in, or knowledge of, urban design or historic preservation. No member of the DRB shall serve concurrently as a member of the Planning Board or Zoning Commission. A quorum of the DRB shall be four voting members and one of the members constituting the quorum must be an architect. In the event a quorum of the DRB may not otherwise be attained, the ADR staff may serve as alternates to prevent delay in project reviews. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified professional resident is not available to serve, the City Commission may appoint a professional member who practices professionally, owns property or owns a business within the City. Where a nonprofessional resident is not available to serve, the City Commission may appoint a nonprofessional member who works, owns property or owns a business within the City. D. Administrative Design Review Staff Procedures Established. To implement this purpose, certain procedures shall be adopted for the administrative evaluation of a proposal without public notice or comment, unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, they shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for the same purpose. Any such conference shall be conducted prior to the issuance of a building permit for the proposal. 1. ADR staff shall consist of two Planning Department staff members. One member shall be degreed or otherwise licensed or certified by his/her respective professional authorities in an environmental design discipline such as architecture, landscape architecture or urban design. The XVIII-62 3 9/2006 second member shall be the Planning Director or his/her designee who may or may not be degreed in architecture. In the event that necessary ADR staff is not available, the DRB may act to provide design review services. E. Waiver of Design Review. In the event that neither the DRB nor the ADR staff as established in this chapter are able to complete a quorum or have the necessary personnel to conduct the reviews otherwise required by this title, the requirement for review by DRB or ADR is waived. Nothing in this section shall constitute a waiver of the required review criteria established in Chapters 18.28, 18.30, 18.36, and 18.56, BMC. F. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to review proposals that involve regulated activities and may impact regulated wetlands based on the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to be attended by members of the WRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the WRB shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. 1. The WRB shall consist of six members. An appointment to a term of service on the WRB is for two years. Members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. Members shall consist of at least one biologist, one soil scientist, one plant scientist, and one hydrologist. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified resident is not available to serve, the City Commission may appoint a member who practices professionally, owns property or owns a business within the City. G. Board of Adjustment Procedures Established. The BOA will be convened as necessary to review applications for variances or deviations or applications involving variances or deviations. The BOA will also review applications for conditional use permits. To implement this purpose, certain procedures shall be adopted which may include, without limitation, a regularly scheduled weekly or biweekly meeting attended by members of the BOA. A record of the reviews and decisions shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, the BOA shall generally follow “Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules, upon the approval of the City Commission, that will assure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the review process. 1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with staggered terms. Members shall be appointed by the City Commission. A member may be removed per Section 76-2-322, MCA. The concurring vote of four members of the board is required to take official action. 2. In selecting the members, the City Commission shall give preference to residents of the City of Bozeman. However, where a qualified resident is not available to serve, the City Commission may appoint up to one non-resident member who practices professionally, owns property or owns a business within the City. a. Preference should be given to applicants who have prior experience with local government, who will uphold the intent and purpose of the City’s land use regulations, and who will honor the purpose of a Board of Adjustment. 18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING A. Informal Advice and Direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR or WRB XVIII-62 4 9/2006 for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the DRC and/or DRB may be requested by submitting a completed application form provided by the Planning Director along with any schematic development plans or written narrative at least one week prior to the next regularly DRC and/or DRB meeting. An informal review by the WRB may be requested by submitting a completed application form provided by the Planning Director along with a wetland delineation for the regulated wetland, development plans or written narrative describing the proposed regulated activity and a WRB meeting will be convened within two weeks of application submittal. The initial informal review by an applicant or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the fee resolution adopted by the City Commission, shall be charged for a second or subsequent informal review requested by the same applicant and/or owner for the same real property as a prior informal review. No application is required for informal review or advice by the ADR staff. B. Formal Application. An application for DRC, DRB, ADR and/or WRB consideration of a development proposal must be submitted utilizing a form available from the Planning Director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, divisions of land, etc. as outlined in this title. It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the City for processing. C. Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that requires such notice shall be provided in accordance with Chapter 18.76, BMC. D. DRC, DRB, ADR or WRB Action. By no later than 30 working days from the date of the first regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which the applicants’ proposal was initially reviewed, the DRC, DRB or WRB shall take action to recommend approval, approval with conditions, table pending submission of revised or additional materials or recommend denial of the applicant’s proposal, unless the applicant grants a written extension to the review period. For proposals subject to ADR review, the ADR staff shall recommend approval, approval with conditions, delay pending submission of revised or additional materials or denial of the applicant’s proposal. E. BOA Action. After the applicants’ proposal is found sufficient for review, the schedule for BOA action to approve, approve with conditions, table pending submission of revised or additional materials, or deny the applicant’s proposal shall be established. XVIII-62 5 9/2006