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Home My WebLink About10-25-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order B.Disclosures C.Approval of Minutes C.1 Approval of Minutes from October 11, 2021 (Scott) D.Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please THE ZONING COMMISSION OF BOZEMAN, MONTANA ZC AGENDA Monday, October 25, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e03387c20b89592d93249e719550fa9d4 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 2557 387 9959 Public Comment: If you are interested in commenting in writing on items on the agenda, please send an email to agenda@bozeman.net prior to 4:00pm on Monday, October 25th, 2021. You may also comment by visiting the City's public comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. 1 limit your comments to three minutes. E.Action Items E.1 Update to Accessory Dwelling Unit (ADU) Standards, Ordinance 2091 to revise the standards for ground floor ADUs in all applicable zoning districts by requiring that ground floor ADUs must either have alley access or a pedestrian connection to a sidewalk. This amendment will also revise the standards for all ADUs by removing the requirement to provide minimum parking.(Miller) E.2 Mountains Walking Zone Map Amendment, Application 21319 (Hyde) E.3 Subdivision Review Procedures And Associated Development Standards Update Text Amendment, Ordinance 2089, Application 21338(Saunders) F.FYI/Discussion G.Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Zoning Commission FROM:Taylor Chambers - Community Development Technician II SUBJECT:Approval of Minutes from October 11, 2021 MEETING DATE:October 25, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the meeting minutes from October 11, 2021 STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve meeting minutes with corrections 2. Do not approve meeting minutes FISCAL EFFECTS:None Attachments: 10-11-21 Zoning Commission Minutes DRAFT.pdf Report compiled on: October 21, 2021 3 Bozeman City Commission Meeting Minutes, 10-11-21 Page 1 of 5 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 11, 2021 A) 00:02:24 Call meeting to order Present: Nicole Olmstead, Mark Genito, Sam Thompson Absent: George Thompson, Kirsa Shelkey, Christopher Scott 00:03:37 WebEx Meeting Information B) 00:05:10 Disclosures C) 00:05:24 Approval of Minutes C.1 Approval of Meeting Minutes from 08-23-21 08-23-21 Zoning Commission Minutes DRAFT.pdf 00:05:35 Motion C) Approval of Minutes Mark Genito: Motion Sam Thompson: 2nd 00:06:55 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 3 - 0 Approve: Nicole Olmstead Mark Genito Sam Thompson Disapprove: None D) 00:07:19 Public Comment 4 Bozeman City Commission Meeting Minutes, 10-11-21 Page 2 of 5 Natasha Lindsey (5165 Park Ave) asked for clarification as to whether the Board would be increasing the number of licenses for cannabis companies. Andrew Webster (880 N 15th Ave) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Brian Koenig (872 Matheson Way) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Brian Ortega (111 Heist Cir.) commented with clarifications on the Marijuana Text Amendments. Jason Triantis (1082 Oak Park Dr.) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. John Pribyl (722 Matheson Way) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Brian Koenig commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Deirdre Lambert (1395 Crab Apple Dr.) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Ryan Saghatelian (367 Magdelian Way) commented in opposition of the 500ft buffer around the MSU boundary ordinance from the Marijuana Text Amendment. E) 00:23:07 Action Items E.1 00:23:10 Application 21360 Marijuana Zone Text Amendments 21360 Staff Report for the Marijuana Text Amendment.pdf ORDINANCE NO 2084.pdf 00:23:23 Staff Presentation City Attorney Anna Saverud presented the Marijuana Zone Text Amendments to the Board and recommended that the amendments fit zoning criteria of evaluation. 00:44:12 Board Questions Board members directed questions to staff. 00:54:12 Public Comment Opportunity Seth Cooper (415 S 8th) commented with questions for staff regarding some of the language in the ordinance. Ryan Saghatalian commented in opposition of the property buffer proposed in the ordinance. Valerie Wyman (710 N 15th Ave) commented in opposition of the zone text amendment. 5 Bozeman City Commission Meeting Minutes, 10-11-21 Page 3 of 5 01:00:04 Response to Public Comments Attorney Saverud responded to public comments. 01:03:28 Board Discussion 01:09:13 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21360 and move to recommend approval of Section 4 of Ordinance 2084 including the additional revision regarding postsecondary schools and certifying the 500 feet buffer extends from the school or place of worship to the closest marijuana business entrance. Sam Thompson: Motion Mark Genito: 2nd 01:09:51 Motion To change the word "certifying" to "clarifying" in Board member Thompson's motion Nicole Olmstead: Motion Mark Genito: 2nd Board member Genito spoke to his second. Acting Chairman Olmstead commented in favor of the motion. 01:13:41 Vote on the Motion to amend To change the word "certifying" to "clarifying" in Board member Thompson's motion. The Motion carried 3 - 0 Approve: Nicole Olmstead Mark Genito Sam Thompson Disapprove: None E.2 01:14:07 Gallatin County Rest Home Zone Map Amendment to revise the zoning map on 9.8 acres at 1221 Durston Road from R3 - Medium Density Residential to R4 - High Density Residential, application 21330 21330 GC Rest Home ZMA Staff Report ZC.pdf 01:14:45 Staff Presentation Planner Chris Saunders presented the Gallatin County Rest Home Zone Map Amendment to the Board and recommended that the application meets criteria of evaluation. 01:23:53 Board Questions 6 Bozeman City Commission Meeting Minutes, 10-11-21 Page 4 of 5 Board members directed questions to staff. 01:35:27 Applicant Presentation Planners Garrett McCallister and Sean O'Callaghan presented on behalf of the applicant. 01:51:09 Board Questions Board members directed questions to the applicant. 01:53:53 Public Comment Opportunity Dierdra Lambert (1395 Crab Apple Dr.) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Jason Triantis (1082 Oak Park Dr.) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. John Pribyl (722 Matheson Way) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. Steven Lieberman (1828 Manzanita Dr.) commented in opposition of the Gallatin County Rest Home Zone Map Amendment. 02:09:57 Response to Public Comment Planners Sean O'Callaghan, Garrett McCallister and County Commissioner Zach Brown responded to the public comments. 02:17:44 Board Discussion Board member Genito inquired if the applicant would be open to having a deeper discussion with the surrounding neighborhood. Acting Chairman Olmstead recommended that the Board focus on the zoning that was proposed by the applicant. 02:23:28 Motion Recommended Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21330 and move to recommend approval of the Gallatin County Rest Home Zone Map Amendment. Mark Genito: Motion Sam Thompson: 2nd Board member Genito spoke to his motion. Board member Thompson spoke to his second. 7 Bozeman City Commission Meeting Minutes, 10-11-21 Page 5 of 5 Acting Chairman Olmstead commented in favor of the motion and adopted the staff report. 02:28:06 Vote on the Motion to approve Recommended Zoning Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21330 and move to recommend approval of the Gallatin County Rest Home Zone Map Amendment. The Motion carried 3 - 0 Approve: Nicole Olmstead Mark Genito Sam Thompson Disapprove: None F) 02:28:46 FYI/Discussion Acting staff liaison Saunders reminded Board members that there are items coming up for the Board to review at the following meeting. G) 02:38:54 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM 8 Memorandum REPORT TO:Zoning Commission FROM:Jacob Miller, Associate Planner Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT:Update to Accessory Dwelling Unit (ADU) Standards, Ordinance 2091 to revise the standards for ground floor ADUs in all applicable zoning districts by requiring that ground floor ADUs must either have alley access or a pedestrian connection to a sidewalk. This amendment will also revise the standards for all ADUs by removing the requirement to provide minimum parking. MEETING DATE:October 25, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-100 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The current standards for ground floor ADUs require that they have alley access. It has been asserted through a submission to the UDC Community Platform that this requirement is overly restrictive and is likely limiting the construction of ADUs. This amendment was also identified in the Bozeman Code Audit to Create and Preserve Housing as limiting construction of ADUs. The Bozeman Community Plan 2020 (BDC 2020) is clearly states in Goal N- 1.4 that the City should “Promote development of accessory dwelling units (ADUs)”. The second part of this amendment which will remove the minimum parking requirement of one off-street space for ADUs is also supported with Goal N-1.4 and the previously mentioned code audit. Building off-street parking can be expensive and in some cases not physically possible due to site constraints. The intent of these updates are to facilitate construction of ADUs. UNRESOLVED ISSUES:None ALTERNATIVES:Recommend alternate language 9 FISCAL EFFECTS:No specific changes to budgeted City funds has been identified. Attachments: Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards ZC SR.pdf Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards.pdf Report compiled on: October 21, 2021 10 Page 1 of 8 21-100 Staff Report for the Update to Accessory Dwelling Unit (ADU) Standards, Ordinance 2091 Public Hearings: Zoning Commission meeting is on Monday, October 25, 2021. City Commission meeting is on Tuesday, November 16, 2021. Project Description: This proposed text amendment will revise the standards for ground floor ADUs in all applicable zoning districts by requiring that ground floor ADUs must either have alley access or a pedestrian connection to a sidewalk. This amendment will also revise the standards for all ADUs by removing the requirement to provide minimum parking. Project Location: Applicable City-wide in all areas zoned as R-S, R-1, R-2, R-3, R-4, R-5. Recommendation: Meets standards for approval. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-100 and move to recommend approval of Ordinance 2091, Update to Accessory Dwelling Unit Standards Text Amendment. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-100 and move to provisionally adopt Ordinance 2091, Update on Ground Floor Accessory Dwelling Units Text Amendment Report: October 19, 2021 Staff Contact: Jacob Miller, Associate Planner Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues None. 11 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 2 of 8 Project Summary It is the goal of the City’s to continually improve the UDC by updating standards to facilitate housing construction and recognizing the need to evolve as a City that is experiencing unprecedented growth. Chapter 38, the Unified Development Code, of the Bozeman Municipal Code provides the zoning standards for development within the City and is divided into Articles that provide regulations regarding specific aspect of development. Article 3 states zoning specific land use regulations, including standards related to ground floor ADUs. This amendment proposes to revise the standards for ground floor ADUs in all applicable zoning districts by requiring that ground floor ADUs must either have alley access or a pedestrian connection to a sidewalk. This amendment will also revise the standards for all ADUs by removing the requirement to provide a minimum amount of parking. The current standards for ground floor ADUs require that they have alley access. It has been asserted through a submission to the UDC Community Platform that this requirement is overly restrictive and is likely limiting the construction of ADUs. This amendment was also identified in the Bozeman Code Audit to Create and Preserve Housing as limiting construction of ADUs. The Bozeman Community Plan 2020 (BDC 2020) is clearly states in Goal N-1.4 that the City should “Promote development of accessory dwelling units (ADUs)”. The second part of this amendment which will remove the minimum parking requirement of one off-street space for ADUs is also supported with Goal N-1.4 and the previously mentioned code audit. Building off-street parking can be expensive and in some cases not physically possible due to site constraints. The intent of these updates are to facilitate construction of ADUs. There have been no public comments received as of the writing of this report. Strategic Plan 4.1 Informed Conversation on Growth Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill and redevelopment, economic development and public infrastructure. 4.4 Vibrant Downtown, Districts & Centers Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas Zoning Commission The Zoning Commission will hold their public hearing on October 25, 2021. 12 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 3 of 8 Alternatives 1. Provisional adoption of the ordinance; 2. Provisional adoption of the ordinance with modifications to the recommended ordinance; 3. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 2 Zoning Commission ............................................................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 7 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 7 APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .............................. 8 FISCAL EFFECTS ................................................................................................................... 8 ATTACHMENTS ..................................................................................................................... 8 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. 13 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 4 of 8 The Zoning Commission will hold a public hearing on this amendment on October 25, 2021, at 6 p.m. and will forward a recommendation to the City Commission on the Zone Text amendment. The City Commission will hold a public hearing on the zone map amendment on November 16, 2021, at 6 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must 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. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The BDC 2020 contains several goals, objectives, and actions that are directly supportive of these amendments, including promoting housing diversity, promoting development of ADUs, increasing density in developed areas, and supporting small floor plans, among others. “N-1.1 Promote housing diversity, including missing middle housing.” “N-1.4 Promote development of accessory dwelling units (ADUs).” “N-1.11 Enable a gradual and predictable increase in density in developed areas over time.” “N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses.” 14 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 5 of 8 The proposed edits are intended to make building ADUs easier and less expensive to construct, and more available to property owners that previously wouldn’t have been able to build them due to site constraints. Increasing housing, especially smaller scale units, is supported throughout the BCP 2020 (growth policy). B. Secure safety from fire and other dangers. Yes. The City has adopted a variety of standards to address this criterion. These include but are not limited to the construction standards of the building code, floodplain controls, and storm water management. The proposed amendments do not modify those standards. Therefore, the code as a whole continues to satisfy this criterion. C. Promote public health, public safety, and general welfare. Yes. Removing regulatory barriers for the development of ADUs will increase the likelihood that they are constructed and will make it more accessible for homeowners that want to build them. This can provide the homeowners with additional income as a rental or provide a home for family members to age in place. Facilitating the construction of more ADUs will also increase the supply of rental housing which is considered a benefit for the community as a whole. D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Neutral. ADUs are an accessory use and therefore any provision of transportation, water sewerage, schools, parks and other public requirements would be the result of the principle use, which generally speaking would be single-household residential developments. ADUs themselves do not require dedication or construction of any public facilities. E. Reasonable provision of adequate light and air. Neutral. The proposed changes will not affect the reasonable provision of adequate light and air. Setbacks, height limits, and other related standards are not changed with this amendment. F. The effect on motorized and non-motorized transportation systems. Yes. ADUs are a moderate form of infill development and are generally built in areas that have existing motorized and non-motorized transportation systems. They would not require additional facilities to support their construction and when applied incrementally in an infill situation are not expected to create capacity overages on existing facilities. New large scale development will need to consider the additional potential demand from newly available ADU options during utility and transportation sizing. The removal of the minimum parking requirement can lead to construction of ADUs that do not have parking spaces for their unique use. This may cause increased use of on-street parking. The number of such ADUs is unknown and the impacts cannot be quantified at this time. On-street parking for meeting parking needs of residential development is explicitly allowed in 38.540.050. The City has 15 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 6 of 8 exempted from mitigation of parks and water rights when only one additional home is added to a site. This exemption also applies to ADUs with or without this amendment. The expectation is that incremental additions of ADU will have a minimal cumulative impact. This expectation should be periodically evaluated. If the exemption is used broadly the cumulative impact may be larger than expected. G. Promotion of compatible urban growth. Yes. The proposed changes will promote compatible urban growth by promoting moderate infill and gentle increases to density in already developed areas. ADUs are compatible with and permitted uses in all of the zoning districts identified in this report. H. Character of the district. Yes. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The affected districts that ADUs can be built on are all residentially zoned districts that generally have existing developments. ADUs are small in nature, located in the rear of a lot, and are subject to existing design and size standards which is expected to mitigate any compatibility issues that they might incur. The City expects one form of housing to be compatible in use when adjacent to another form of housing when the City’s standards are met. I. Peculiar suitability for particular uses. Neutral. No changes to allowed uses in zoning districts happen with this amendment. ADUs are already allowed in all of the affected zoning districts. J. Conserving the value of buildings. Neutral. This code update only applies to new construction. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. ADUs are only allowed in the residentially zoned districts which have been identified in this report. This amendment does not change where ADUs can be built. 16 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 7 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The City has created the UDC Community Platform in which members of the community can submit ideas for code changes. These submission are evaluated against criteria which are listed on the webpage and against currently adopted plans and recommendations. The City received a submission requesting to remove the requirement that ground floor ADUs must have alley access which would allow for more properties the ability to construct ADUs. Promoting the development of ADUs is specifically identified as a goal in the BCP 2020 and therefore City staff found it prudent to include this amendment in the Fall 2021 code updates. The City recently underwent a code audit called, “Bozeman Code Audit to Create and Preserve Housing,” which identified the ADU standards as being overly restrictive and decreased the chances that they would be constructed. The audit recommended removing the requirement that ADUs must have alley access and the requirement that ADUs must provide one off-street parking space. Removing the off-street parking space requirement will decrease the costs of building ADUs and will make it easier for property owners to build them. 17 Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091 Page 8 of 8 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. Hearing dates are on the first page of this report. No public comments have been received at the writing of this report. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Jacob Miller, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2091 – Accessory Dwelling Unit Standards Update 18 Page 1 of 5 ORDINANCE NO. 2091 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO TO AMEND THE REQUIREMENT THAT GROUND FLOOR ACCESSORY DWELLING UNITS MUST HAVE ALLEY ACCESS BY REQUIRING THAT GROUND FLOOR ACCESSORY DWELLING UNITS (ADUs) MUST EITHER HAVE ALLEY ACCESS OR A PEDESTRIAN CONNECTION TO A SIDEWALK AND REMOVE THE REQUIREMENT TO PROVIDE MINIMUM PARKING FOR ADUs BY AMENDING 38.360.040 (ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS) AND TABLE 38.540.050-1. 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, City is committed to reviewing and improving the Unified Development Code; and WHEREAS, the City has developed a platform to submit revisions to the Unified Development Code to improve overall functionality and ease of use; and WHEREAS, the City is committed to facilitating the construction of new housing by reviewing and revising zoning requirements; and WHEREAS, the City received a submission on the UDC Community Platform that suggested that the alley-access requirement for ADUs is too restrictive; and WHEREAS, a recent code audit has identified that removing the parking requirement may increase the chances of new construction of accessory dwelling units; and 19 Ordinance 2091, Ground Floor ADUs Update Page 2 of 5 WHEREAS, the Bozeman Community Plan 2020 encourages the construction of accessory dwelling units and diverse housing types. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That 38.360.040 (ADU Use Table In Residential Zoning Districts), of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Occupancy limit 2 persons Deviations No # of ADU per lot One Location ADU's are permitted above accessory buildings and on the ground floor. Ground floor ADUs require alley access or pedestrian connection to a sidewalk. Parking requirement In addition to the parking required for the principal residence, one paved off-street parking space is required for the exclusive use of the ADU. The parking provided must be located on the lot and may not utilize the on- street parking provisions of division 38.540 of this chapter. ADUs are not subject to minimum parking requirements. If parking is provided it must conform to all applicable standards. Unit size In no case may an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. Design requirements Detached ADUs, including second story additions on detached garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties. Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. Garage conversions Garages may not be converted for use as ADUs unless all required parking for all uses on the lot is otherwise provided prior to conversion. However, ADUs may be placed above garages except where otherwise noted. Minimum standards or "no guarantee" A permit for an ADU will not be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. 20 Ordinance 2091, Ground Floor ADUs Update Page 3 of 5 Section 2 That Table 38.540.050-1 of the Bozeman Municipal Code be amended as follows with all other portions remaining unchanged: Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2 Section 3 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 4 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 21 Ordinance 2091, Ground Floor ADUs Update Page 4 of 5 provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 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 6 Codification. This Ordinance shall be codified as indicated in Sections 1-2. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 22 Ordinance 2091, Ground Floor ADUs Update Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS 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 ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 23 Memorandum REPORT TO:Zoning Commission FROM:Lynn Hyde, Development Review Planner Marty Matsen, Community Development Director SUBJECT:Mountains Walking Zone Map Amendment, Application 21319 MEETING DATE:October 25, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:An application to rezone two existing parcels from R-2 (Residential moderate density district) and M-1 (Light manufacturing district) to B-2M (Community business district) on a total of 1.12 acres. For future discussion, the parcels are described as Parcel 1 and Parcel 2. Description of the two parcels are as follows: Parcel 1: The northern parcel (addressed 422 N Plum) has a future land use designation of Community Commercial Mixed Use. It is currently designated as M-1, light manufacturing district and has an existing brewery (Mountains Walking) located on site. The existing commercial building is approximately 6,732 square feet. This parcel is 0.873 acres. Parcel 2: The southern parcel (addressed 414 N Plum) has a future land use designation of Urban Neighborhood. The applicant has also submitted a Growth Policy Amendment (GPA) requesting to re-designate the southern parcel as Community Commercial Mixed Use. It is currently designated as Urban Neighborhood on the Bozeman Community Plan 2020 (BCP 2020) future land use map, and is zoned as R-2, residential moderate density district, and has an existing 1,196 square foot single household unit on the property. This parcel is .244 acres. One public comment has been received to date that is not in favor of the 24 ZMA siting inconsistency with the existing neighborhood. See attached public comment. Application materials are available online at: https://weblink.bozeman.net/WebLink/Browse.aspx? id=239935&dbid=0&repo=BOZEMAN The following public adopted planning documents support urban development for the subject area if development is proposed on the site: • Bozeman Community Plan 2020 • Transportation Master Plan 2017 – City transportation plan • Water Facility Plan 2017 – City’s plan for water system operations and expansion • Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion. UNRESOLVED ISSUES:None identified at this time. ALTERNATIVES:1. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: Staff report ZC - Mountains Walking 21319.pdf ZMA Development Review Application (Form A1) 2021_07_29.pdf ZMANarrativeAndFigures_08032021.pdf ZMAExhibitofProperty_08032021.pdf ZMAZoningDesignationMap_08032021.pdf Letter of Protest for Applications 21318 & 21319.pdf Report compiled on: October 19, 2021 25 Page 1 of 32 21319 Staff Report for the Mountains Walking Zone Map Amendment Public Hearing: The Zoning Commission public hearing will be held on October 25, 2021 The City Commission public hearing will be held on November 23, 2021 Project Description: Zone Map Amendment application to rezone two existing parcels from R-2 (Residential moderate density district) and M-1 (Light manufacturing district) to B-2M (Community business district) on a total of 1.12 acres. Project Location: Property is located at 414 and 422 N Plum Ave, more thoroughly described as Lots 18, 19, 20, & 21A of Northern Pacific Addition, Section 07, Township 02 South, Range 06 East, City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment, with contingencies required to complete the application processing. Report Date: October 18, 2021 Staff Contact: Lynn Hyde, Development Review Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary An application to rezone two existing parcels from R-2 (Residential moderate density district) and M-1 (Light manufacturing district) to B-2M (Community business district) on a total of 1.12 acres. For future discussion, the parcels are described as Parcel 1 and Parcel 2. Description of the two parcels are as follows: Parcel 1: The northern parcel (addressed 422 N Plum) has a future land use designation of Community Commercial Mixed Use. It is currently designated as M-1, light 26 21319 Mountains Walking Zone Map Amendment Page 2 of 32 manufacturing district and has an existing brewery (Mountains Walking) located on site. The existing commercial building is approximately 6,732 square feet. This parcel is 0.873 acres. Parcel 2: The southern parcel (addressed 414 N Plum) has a future land use designation of Urban Neighborhood. The applicant has also submitted a Growth Policy Amendment (GPA) requesting to re-designate the southern parcel as Community Commercial Mixed Use. It is currently designated as Urban Neighborhood on the Bozeman Community Plan 2020 (BCP 2020) future land use map, and is zoned as R-2, residential moderate density district, and has an existing 1,196 square foot single household unit on the property. This parcel is .244 acres. One public comment has been received to date that is not in favor of the ZMA siting inconsistency with the existing neighborhood. See attached public comment. Application materials are available online at: https://weblink.bozeman.net/WebLink/Browse.aspx?id=239935&dbid=0&repo=BOZEMAN The following public adopted planning documents support urban development for the subject area if development is proposed on the site: • Bozeman Community Plan 2020 • Transportation Master Plan 2017 – City transportation plan • Water Facility Plan 2017 – City’s plan for water system operations and expansion • Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion. Alternatives 1. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 27 21319 Mountains Walking Zone Map Amendment Page 3 of 32 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 21 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 21 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 31 FISCAL EFFECTS ................................................................................................................. 32 ATTACHMENTS ................................................................................................................... 32 28 21319 Mountains Walking Zone Map Amendment Page 4 of 32 SECTION 1 - MAP SERIES Map 1: Vicinity Map of the project site in the City of Bozeman 29 21319 Mountains Walking Zone Map Amendment Page 5 of 32 Map 2: Bozeman Community Plan 2020 Future Land Use Map Public Institutions 30 21319 Mountains Walking Zone Map Amendment Page 6 of 32 Map 3: Existing Zoning Not Annexed – County AS County AS County RO N-S County AS Not Annexed County AS 31 21319 Mountains Walking Zone Map Amendment Page 7 of 32 Map 4: Proposed Zoning Not Annexed – County AS County AS N-S County RO Area of proposed R-5 Not Annexed – County AS 32 21319 Mountains Walking Zone Map Amendment Page 8 of 32 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That the City Commission adopts an implementing resolution for the requested Growth Plan Amendment (GPA) to designate Parcel 2, addressed as 414 N Plum, as Community Commercial Mixed Use from Urban Neighborhood. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the “Mountains Walking Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “Mountains Walking Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 5. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted of the Mountains Walking Zone Map Amendment (ZMA) contingent upon City Commission adoption of the Growth Policy Amendment for Parcel 2 from Urban Neighborhood to Community Commercial Mixed Use. The Development Review Committee (DRC) considered the amendment and did not identify any infrastructure or regulatory constraints that would impede the approval of the application at this time. The Zoning Commission will hold a public hearing on this ZMA on October 25, 2021 and will forward a recommendation to the City Commission on the Zone Map amendment. The 33 21319 Mountains Walking Zone Map Amendment Page 9 of 32 meeting will be held electronically via WebEx. Instructions for joining the meeting will be included on the meeting agenda. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on November 23, 2021. The meeting will be held electronically via WebEx. Instructions for joining the meeting will be included on the meeting agenda. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must 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. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. As noted above, Staff’s conclusions are dependent on the approval of the requested change in the underlying future land use map. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is in accordance with a growth policy. The applicant supports this criterion stating “Under the updated growth plan, the City of Bozeman correlates certain zoning designations with each future land use category. In this case, according to Page 58 of the Bozeman 2020 Community Plan, a zoning designation of B- 34 21319 Mountains Walking Zone Map Amendment Page 10 of 32 2M is permitted under Community Commercial Mixed-Use land use. Therefore, the new zoning designation (B-2M) is in compliance with the City of Bozeman’s growth policy. In addition, when looking at the big picture for the future land use of the area, the City of Bozeman is trying to move away from industrial use and shift more towards commercial and residential mixed use. The proposed development and associated zone map amendment both fit very nicely with the direction the City of Bozeman wants to move in the future regarding land use of this area.” Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the urban area in the City’s adopted land use plan. As shown on the maps in Section 1, the northern parcel, Parcel 1, (and surrounding areas to the north and northeast) are designated as Community Commercial Mixed Use and the southern parcel, Parcel 2, (and surrounding areas to the south and southwest) are currently designated as Urban Neighborhood. Further discussion on the two parcels is below: Parcel 1 (The northern parcel): The future land use designation for this property was modified with the recent adoption of the Bozeman Community Plan 2020 on November 17, 2020, (BCP 2020). Previously, Parcel 1 had an industrial designation, however it was changed with the adoption of the current Future Land Use Map to Community Commercial Mixed Use. This designation has several supporting zoning districts including the proposed B-2M. The current zoning designation of M-1 is not a supporting zoning designation for this land use designation and is a relic from the previous growth policy. Thus, the proposed B-2M is furthering the Parcel 1’s compliance with the adopted Growth Plan. Parcel 2 (The southern parcel): The future land use designation for this parcel is currently Urban Neighborhood. The applicant has submitted a Growth Policy Amendment (GPA) requesting the designation change to Community Commercial Mixed Use. If the land use change request is approved, then the requested zoning designation of B-2M would be supporting the designation, however if the change is not approved, then B-2M would not be supporting the future land use map. Due to the shared ownership and coordinated use of this 35 21319 Mountains Walking Zone Map Amendment Page 11 of 32 parcel with Parcel 1, this change of land use designation is not anticipated to change the character of the district significantly. Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” 36 21319 Mountains Walking Zone Map Amendment Page 12 of 32 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B-2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. 37 21319 Mountains Walking Zone Map Amendment Page 13 of 32 DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The historical character of the neighborhood has been a mix of residential, industrial, and commercial that has been built up for over 100 years. The B-2M proposed is consistent with the historical land use pattern with the intent of the B-2M to provide a range of commercial uses and encourages the integration of multi-household residential. Pedestrian oriented design are an important element of the district. . M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.).” Considering this analysis as a whole, staff finds this criterion is met and the application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion Met. The subject property is currently served by City of Bozeman Fire and Police Departments. The property currently has a brewery on the northern parcel and single family home on the southern parcel. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change to B-2M is not anticipated to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion Met. Potential future development of the site will require compliance with the City’s Unified Development Code which ensures the promotion of public health, safety, and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. 38 21319 Mountains Walking Zone Map Amendment Page 14 of 32 For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Future site plan and/or subdivision review will consider specific infrastructure needs and verify adequacy of supply. If infrastructure is deficient, additional capacity will be required. E. Reasonable provision of adequate light and air. Criterion Met. Ensuring public health and safety is integral for the City’s adopted regulations. As with all zoning districts, the B-2M district includes setbacks from property lines adequate to meet this standard. The form and intensity standards, Division 38.320, require minimum separation from property lines, limits building heights, limits lot coverage with buildings, and maximum volume of buildings on a site. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. 39 21319 Mountains Walking Zone Map Amendment Page 15 of 32 To the south, where the proposed B-2M would be adjacent to R-2, zone edge transitions found in Section 38.320.060 are applicable which requires developments in B-2M that are adjacent to RS, R-1, or R-2 districts “from a height of 38 feet at a ten foot setback from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line. The standards provide a reasonable provision of adequate light and air. The property is bordered by streets to the west and an alley to the east, thus providing additional separation and allowing adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Neutral. The requested changes in zoning to B-2M will not itself impact the motorized and non-motorized transportation system. Future development of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks. Adopted standards include provisions for pedestrians, bicycles, and motor vehicles. The site is part of the Northern Pacific Addition to Bozeman and has been built up for over 100 years. The street network was established with the initial platting in 1883. Sidewalks are missing from many streets in the area. New development such as that on Parcel 1 is required to install sidewalks and are improving pedestrian access in the area. The site has a Walk Score of 60, a Transit score of 21, and Bike Score of 67. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the 40 21319 Mountains Walking Zone Map Amendment Page 16 of 32 vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in Criterion E above and Criterion H below. The applicant also adds that “The proposed development and associated new zoning both align very nicely with the City’s plan for the future of this area by combining Mountains Walking business operations with employee housing.” H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal seeks to amend the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. The proposed B-2M contemplates a mix of commercial and residential units which is consistent with the character of the district. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is an open field. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” 41 21319 Mountains Walking Zone Map Amendment Page 17 of 32 The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development to be compatible with adjacent development and uphold the residential character of the area. See also Criterion I. The character of the district has historically been and continues to be a mix of diverse uses including more industrial warehouse users, small retail and commercial users, and residential. Parcel 1, where the brewery is today, has long had a non-residential user on it as have the users to the east. The parcels are bordered by streets to the west and north and an alley to the east which creates a natural buffer between zoning districts. Page 77 of the growth plan states, “at a minimum, zoning boundaries should follow property boundaries. The greater the physical separation, the less likely there may be a conflict. For example, a local street, typically 60 feet wide, when combined with the standards for site development, is generally considered an adequate separation – even for substantially different districts.” This street buffer is provided on two of the four sides of the properties, with an alley on the east. Thus, it is the property line to the south that would rely on zone edge transitions to assist in stepping the intensity of uses and bulk and dimension of the buildings from the lesser intense residential zone to the south to the proposed B-2M to the north. With the approval of the proposed use, the applicant has indicated the desire to expand their business stating “The new building expands brewery operations on the first floor and provides several living units for employees on the upper floor.” Thus it is anticipated that with this zone map amendment, the district will continue being enhanced in a manner that increases the character of the district, and furthermore city of Bozeman. I. Peculiar suitability for particular uses. Criterion Met. The proposed zoning changes would allow more flexibility in the types of use allowed on both parcels, including residential apartments being allowed on Parcel 1, and commercial allowed on Parcel 2. The recently adopted Bozeman Community Plan 2020 which changed the underlying growth policy designation for Parcel 1 from Industrial to Community Commercial Mixed Use indicates the City’s desire for a continued mixed use neighborhood in this area of the City. While Parcel 2 remained Urban Neighborhood, the immediate adjacency to Parcel 1 makes the change relatively minor affecting only 0.2% of the R-2 district which currently includes Parcel 2. The existing uses to the north of the property are industrial with higher intensity uses on them and the railroad location adjacent to the neighboring properties to the north. The uses to the south and west are less dense residential on smaller lots with a more historic grid pattern of development. Thus, the subject property lies between residential (less intense land use development), and the more intense industrial use to the north. As a result, the proposed zoning designation would result in a land use suitable for the adjacent neighborhoods. 42 21319 Mountains Walking Zone Map Amendment Page 18 of 32 J. Conserving the value of buildings. Criterion Met. Parcel 1 has an existing commercial building and parking area for the brewery. The B-2M zoning will allow the applicant to expand the brewery while adding a residential component. Parcel 2 has a single household unit on it. The new zone will allow a more intense use on that property and may see the redevelopment of that structure with a more intense use. Furthermore, the applicant supports this criterion stating, “The new zoning was adopted with a view of conserving the values of building. The proposed multi-use development combines business and housing all into the same location which makes the building inherently more versatile and valuable. Additionally, the new development would aim to maintain and enhance the current property through redevelopment, rather than starting brand new construction on the outskirts of town. Finally, the work-live building also helps blend the surrounding urban neighborhoods into the commercial sector more smoothly.” Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. As stated above, the BCP 2020 illustrates the most appropriate use of the land. In this case, urban mixed-use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare. As noted above, there is a growth policy amendment being reviewed at this time. If that application is approved then the future land use map will indicate that it is inappropriate to continue Parcel 2 as R-2 zoned property. The applicant supports this criterion stating, “the new zoning encourages the most appropriate use of land throughout the jurisdictional area. The City of Bozeman wants to push this area away from industrial use towards commercial and residential mixed-use. The current brewery and the surrounding area to the north/east fall into the Community Commercial Mixed-Use future land use designation. A zoning designation of B-2M is permitted under Community Commercial Mixed-Use and encourages mixed-use business buildings. The proposed development combines business operations and employee housing all into one which aligns very nicely with the City of Bozeman’s goals for the future land use of the area. The multi-use nature of the new buildings get the greatest number of uses out of the same plot of land.” 43 21319 Mountains Walking Zone Map Amendment Page 19 of 32 Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ The existing uses to the north of the property are industrial with higher intensity uses on them. The pattern and type of development have derived from the proximity to the railroad to the north. The railroad has guided the land use to be more industrial in nature. The subject property lies between residential (less intense land use development), and the more intense industrial use to the north. The dividing line between zoning districts is presently the boundary between Parcel 1 and Parcel 2. If this application were approved the line would move only one lot to the south. The overall mixed use character of the area would remain. In addition, the property currently has a brewery on site. As a result, the proposed zoning designation would not result primary uses of the site which are significantly different from prevailing and planned land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The proposed zoning change benefits one property owner who is the applicant. However, the B-2M zoning designation is an implementing district to the existing land use designation, Community Commercial Mixed Use, of the northern parcel (Parcel 1) and to the proposed land use designation of Parcel 2 (note that currently the land use designation to Parcel 2 is Urban Neighborhood, however as stated the applicant has submitted a proposal to change the future land use to Community Commercial Mixed Use). 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. No substantial negative impacts to the surrounding landowners or the general public have been identified due to this amendment. While the number of landowners who will directly benefit from the proposed zone map amendment is small (one), the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been identified due to this amendment. The proposed B-2M zoning designation will allow for a variety of uses conducive to the existing (and proposed) Community Commercial Mixed 44 21319 Mountains Walking Zone Map Amendment Page 20 of 32 Use designation. Future use and development of the site must conform to the adopted standards of Chapter 38 BMC which have been found to be sufficient to mitigate impacts of development. Therefore, there should be minimal if any benefit at the expense of others. The area to the north has changed designation from Industrial to Community Commercial Mixed Use. The M-1 zoning district is not an implementing district of the Community Commercial Mixed Used future land use designation. Although this is the first zone map amendment proposing a change to conform to the new Community Commercial Mixed Use designation it will not be the last. On page 63, BCP 2020, the short term action list to implement the growth policy includes “11. Revise the zoning map to harmonize with the future land use map as noted in objectives N-1.3, N-2.1, N-2.2, EE-1.6, and RC-4.4.” 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 45 21319 Mountains Walking Zone Map Amendment Page 21 of 32 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Gustav Dose, property owner and the applicant Allied Engineering Services, Inc. seek to rezone two existing parcels from R-2 (Residential moderate density district) and M-1 (Light manufacturing district) to B-2M (Community business district) on a total of 1.12 acres. The property is broken into two parcels for discussion purposes and further described below. Parcel 1: The northern parcel (addressed 422 N Plum) has a future land use designation of Community Commercial Mixed Use. It is currently designated as M-1, light manufacturing district and has an existing brewery (Mountains Walking) located on site. Parcel 2: The southern parcel (addressed 414 N Plum) has a future land use designation of Urban Neighborhood. The applicant has also submitted a Growth Plan Amendment (GPA) requesting to designate the southern parcel as Community Commercial Mixed Use. It is currently designated R-2, residential moderate density district and has an existing single household unit on the property. The applicant has let it be known that if the Zone Map Amendment passes (as well as the Growth Plan Amendment), they intend to construct a new building on the south lot to expand the brewery space and create employee housing on the second floor of the new building. Addition parking is anticipated to be provided on the subject property for overflow brewery parking. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice of the application and public hearings was published in the Bozeman Daily Chronicle on October 03, 17, and November 14, 2021. Notice was sent via first class mail to adjacent landowners and posted on the property on October 10, 2021. The City commission public hearing is scheduled for November 23, 2021. One public comment has been received to date that is not in favor of the ZMA siting inconsistency with the existing neighborhood. See attached public comment. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: Parcel 1 is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map and Parcel 2 is designated as Urban Neighborhood, however an application was submitted proposing Community Commercial Mixed Use for Parcel 2, thus in this staff report we are contemplating the applicability of Community Commercial Mixed Use – see descriptions below. 46 21319 Mountains Walking Zone Map Amendment Page 22 of 32 “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested the B-2M zoning district. The B-2M districts intent is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. 47 21319 Mountains Walking Zone Map Amendment Page 23 of 32 48 21319 Mountains Walking Zone Map Amendment Page 24 of 32 Sec. 38.310.040. - Authorized uses—Commercial, mixed-use, and industrial zoning district. Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — 49 21319 Mountains Walking Zone Map Amendment Page 25 of 32 Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — Hotel or motel* — P P P P P 40,000sf P — P P — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 50 21319 Mountains Walking Zone Map Amendment Page 26 of 32 5. Professional and business offices only. Table 38.310.040.C Permitted residential uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 — Apartment buildings* 3 — C P P 5 P P — — — — — Cottage housing* (38.360.110) — — — — — P — — — — — Single household dwelling (38.360.210) — — — — — P P — — — — Three household dwelling or four-household dwelling (38.360.210) — — — — — P — — — — — Townhouses* 3 & rowhouses* (38.360.240) — C 7 P 7 P 7 — P 8 P — — — — 51 21319 Mountains Walking Zone Map Amendment Page 27 of 32 Two-household dwelling (38.360.210) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C P 5 P 5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P 4 P 4, 5 P 4, 5 P 4, 5 P 4, 5 P P — — — — Community residential facilities serving nine or more residents* - C C — P P — — — — — Cooperative household* — — — — — P C — — — — Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — — Lodging houses* — C C 5 C 3 P P — — — — — Transitional and emergency housing and related services (38.360.135)* — S S S S S S S S — S Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. 52 21319 Mountains Walking Zone Map Amendment Page 28 of 32 Table 38.310.040.D Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — 53 21319 Mountains Walking Zone Map Amendment Page 29 of 32 Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Public, educational, government and regional Business, trade, technical or vocational school — P P P 3 P P P P P P — Cemeteries* — — — — — — — — — — P 54 21319 Mountains Walking Zone Map Amendment Page 30 of 32 Essential services (38.360.140) • Type I A A A A A A A A A A A • Type II P P P P P P P P P P P • Type III C 4 P P C 4 C C 4 P C P P P P Meeting hall - P P P P P — — — — — Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P Public buildings and publicly owned land used for parks, playgrounds and open space P— P— P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — Arts and entertainment center* P P P P P P 12,000sf — — — — — Casinos — — — — — — — — C C — 55 21319 Mountains Walking Zone Map Amendment Page 31 of 32 Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — Home-based businesses (38.360.140)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C 5 C 5 C 5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gustav Dose, 414 N Plum Ave, Bozeman, MT 59715 Applicant Allied Engineering Services, In. (Rory Romey or Jessi Ellingsen), 32 Discovery Drive, Bozeman, MT 59718 56 21319 Mountains Walking Zone Map Amendment Page 32 of 32 Representative: Allied Engineering Services, In. (Rory Romey or Jessi Ellingsen), 32 Discovery Drive, Bozeman, MT 59718 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715 and electronically via link below. Application materials https://weblink.bozeman.net/WebLink/Browse.aspx?id=239935&dbid=0&repo=BOZEMAN 57 PROJECT INFORMATION Project Name: Project Type(s): Street Address: >ĞŐĂůĞƐĐƌŝƉƟŽŶ͗ ĞƐĐƌŝƉƟŽŶŽĨWƌŽũĞĐƚ͗ ƵŝůĚŝŶŐ^ŝǌĞ;ƐͿ͗ ƵŝůĚŝŶŐ,ĞŝŐŚƚ;ƐͿ͗ EƵŵďĞƌŽĨWĂƌŬŝŶŐ^ƉĂĐĞƐ͗ īŽƌĚĂďůĞ,ŽƵƐŝŶŐ;zͬEͿ͗ ĂƐŚͲŝŶͲůŝĞƵWĂƌŬůĂŶĚ;zͬEͿ͗ ĞƉĂƌƚƵƌĞͬĞǀŝĂƟŽŶZĞƋƵĞƐƚ;zͬEͿ͗ A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE Community Development ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 1ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ SPECIAL DISTRICTS KǀĞƌůĂǇŝƐƚƌŝĐƚ͗EĞŝŐŚďŽƌŚŽŽĚŽŶƐĞƌǀĂƟŽŶ EŽŶĞ hƌďĂŶZĞŶĞǁĂůŝƐƚƌŝĐƚ͗ ŽǁŶƚŽǁŶ EŽƌƚŚϳƚŚǀĞŶƵĞ EŽƌƚŚĞĂƐƚ EŽƌƚŚWĂƌŬ EŽŶĞ VICINITY MAP Mountains Walking Zone Map Amendment Zone Map Amendment 414 N Plum Ave and 422 N Plum Ave, Bozeman, MT 59715 NORTHERN PACIFIC ADD, S07, T02 S, R06E, Block 50, Lot 18-20, Plat C-23 Mountains Walking wishes to build a new building on the lot just south of the existing brewery to expand their operations and provide employee housing. ƵƌƌĞŶƚŽŶŝŶŐ͗ M-1 (existing Gross Lot Area: 0.244 acres ůŽĐŬ&ƌŽŶƚĂŐĞ;ƐͿ͗ N/A EƵŵďĞƌŽĨƵŝůĚŝŶŐƐ͗ 1 ex. dǇƉĞĂŶĚEƵŵďĞƌŽĨǁĞůůŝŶŐƐ͗Existing single-family residence (1), Ex. Commercial Bldg (1) Single-family home: 1196 sq ft, Commercial Bldg: 6732 sq ft (from Cadastral) 1 story N/A N/A N/A N/A Proposed ZMA for the existing Mountains Walking Brewery lot and the lot just south of the brewery to be changed to B-2M. and NORTHERN PACIFIC ADD, S07, T02 S, R06 E, Lot 21A, PLAT C-23-A33 (IN BLK 50 & 53) brewery lot) and R-2 (south lot) (south lot) and 0.873 acres (existing brewery lot) single-family home on south lot, 1 ex. commercial building on north lot. 58 DEVELOPMENT REVIEW APPLICATION PROPERTY OWNER Name: Gustav Dose Fu I I Address: 414 N Plum Ave, Bozeman, MT 59715 Email: gus@mountainswalking.com Phone: 360-220-0563 APPLICANT Name: Allied Engineering Services, Inc. (Rory Romey or Jessi Ellingsen) Fu 11 Address: 32 Discovery Drive, Bozeman, MT 59718 Em a i I: rromey@alliedengineering.com, jellingsen@alliedengineering.com Phone: (406) 582-0221 REPRESENTATIVE Name: _N_/_A __ _ Full Address: N/A Email: N/A Phone: N/A CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.200.050, BMC}. I (We} hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: °"?2--y � ____ _ Printed Name: Rory Romey Owner Signature: �� Printed Name: Gustav Dose Representative Signature: Printed Name: N/A �evelopment Review Application Page 2 of 3 Revision Date: June 2020 59 APPLICATION FEE Varies by project type CONTACT US ůĨƌĞĚD͘^ƟīWƌŽĨĞƐƐŝŽŶĂůƵŝůĚŝŶŐ ϮϬĂƐƚKůŝǀĞ^ƚƌĞĞƚ ŽǌĞŵĂŶ͕Ddϱϵϳϭϱ ƉŚŽŶĞϰϬϲͲϱϴϮͲϮϮϲϬ ĨĂǆϰϬϲͲϱϴϮͲϮϮϲϯ ƉůĂŶŶŝŶŐΛďŽǌĞŵĂŶ͘ŶĞƚ ǁǁǁ͘ďŽǌĞŵĂŶ͘ŶĞƚͬƉůĂŶŶŝŶŐ ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 3ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ REQUIRED FORMS Varies by project type s>KWDEdZs/tWW>/d/KE ŚĞĐŬĂůůƚŚĂƚĂƉƉůǇ &KZD 1.ĚŵŝŶŝƐƚƌĂƟǀĞ/ŶƚĞƌƉƌĞƚĂƟŽŶƉƉĞĂů / 2.ĚŵŝŶŝƐƚƌĂƟǀĞWƌŽũĞĐƚĞĐŝƐŝŽŶƉƉĞĂů W 3.ŶŶĞǆĂƟŽŶĂŶĚ/ŶŝƟĂůŽŶŝŶŐ EEy 4.ŽŵŵĞƌĐŝĂůͬEŽŶƌĞƐŝĚĞŶƟĂůK K 5.ŽŵƉƌĞŚĞŶƐŝǀĞ^ŝŐŶWůĂŶ ^W 6.ŽŶĚŽŵŝŶŝƵŵZĞǀŝĞǁ Z 7.ŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ hW 8.ǆƚĞŶƐŝŽŶƚŽƉƉƌŽǀĞĚWůĂŶ yd 9.'ƌŽǁƚŚWŽůŝĐǇŵĞŶĚŵĞŶƚ 'W 10./ŶĨŽƌŵĂůZĞǀŝĞǁ /E& 11.DĂƐƚĞƌ^ŝƚĞWůĂŶ D^W 12.DŽĚŝĮĐĂƟŽŶͬWůĂŶŵĞŶĚŵĞŶƚ DK 13.EĞŝŐŚďŽƌŚŽŽĚͬZĞƐŝĚĞŶƟĂůK EK 14.WƌĞͲĂƉƉůŝĐĂƟŽŶŽŶƐƵůƚĂƟŽŶ EŽŶĞ 15.WhŽŶĐĞƉƚWůĂŶ Wh FORM 16.WhWƌĞůŝŵŝŶĂƌǇWůĂŶ WhW 17.Wh&ŝŶĂůWůĂŶ Wh&W 18.ZĞĂƐŽŶĂďůĞĐĐŽŵŵŽĚĂƟŽŶ Z 19.^ŝƚĞWůĂŶ ^W 20.^ƉĞĐŝĂůhƐĞWĞƌŵŝƚ ^hW 21.^ƉĞĐŝĂůdĞŵƉŽƌĂƌǇhƐĞWĞƌŵŝƚ ^dhW 22.^ƵďĚŝǀŝƐŝŽŶǆĞŵƉƟŽŶ ^ 23.^ƵďĚŝǀŝƐŝŽŶWƌĞͲƉƉůŝĐĂƟŽŶ W 24.^ƵďĚŝǀŝƐŝŽŶWƌĞůŝŵŝŶĂƌǇWůĂŶ WW 25.^ƵďĚŝǀŝƐŝŽŶ&ŝŶĂůWůĂƚ &W 26.tĞƚůĂŶĚZĞǀŝĞǁ tZ 27.ŽŶĞDĂƉŵĞŶĚŵĞŶƚ D 28.ŽŶĞdĞǆƚŵĞŶĚŵĞŶƚ d 29.ŽŶŝŶŐͬ^ƵďĚŝǀŝƐŝŽŶsĂƌŝĂŶĐĞ ͬ^sZ 30.ŽŶŝŶŐĞǀŝĂƟŽŶͬĞƉĂƌƚƵƌĞ EŽŶĞ 31.KƚŚĞƌ͗ APPLICATION TYPE 60 Zone Map Amendment Project Narrative Project Background Information The subject properties to be rezoned are located at 414 North Plum Avenue and 422 North Plum Avenue. The site(s) includes the existing Mountains Walking Brewery and the lot directly adjacent to the south of the existing brewery. The existing brewery is currently zoned as M-1. The lot just south of the existing brewery is currently zoned R-2 and has an existing single-family residence on the property. The future improvements anticipate construction of a new building on the south lot to expand the brewery space and create employee housing on the second floor of the new building. Additional parking is anticipated to be provided on the subject property for overflow brewery parking. a) Is the new zoning designated in accordance with the growth policy? How? Yes, the new zoning designation (B-2M) is in accordance with the growth policy. The City of Bozeman recently updated their growth plan to outline future land uses. In the growth plan, the current brewery has a land use designation of Community Commercial Mixed-Use. We are submitting a growth policy amendment concurrently with this zone map amendment for the lot just south of the current brewery to propose amending the land use from Urban Neighborhood to Community Commercial Mixed-Use as well. This growth policy amendment would keep the future land use designation for both subject properties consistent (Community Commercial Mixed-Use). Under the updated growth plan, the City of Bozeman correlates certain zoning designations with each future land use category. In this case, according to Page 58 of the Bozeman 2020 Community Plan, a zoning designation of B-2M is permitted under Community Commercial Mixed-Use land use. Therefore, the new zoning designation (B-2M) is in compliance with the City of Bozeman’s growth policy. In addition, when looking at the big picture for the future land use of the area, the City of Bozeman is trying to move away from industrial use and shift more towards commercial and residential mixed use. The proposed development and associated zone map amendment both fit very nicely with the direction the City of Bozeman wants to move in the future regarding land use of this area. Overall, the new zoning designation and proposed work-live development align very well with the City of Bozeman’s growth policy by promoting commercial and residential mixed use. b) Will the new zoning secure safety from fire and other dangers? How? Yes, the new zoning will secure safety from fire and other dangers. Municipal water and sewer systems will provide adequate water and sewer service for the proposed development. This will ensure the development has clean drinking water and proper sewage disposal, both important factors in protecting the public’s health and safety. In regards to fire protection, Test Hydrant #45 and two flow hydrants, located on the corner of E. Peach St. and Ida Ave, are in close proximity to the brewery and are able to provide adequate fire flow if needed (Reference: Water Facility Plan Update 2017 - Appendix C - 61 Fire Flow Test Locations Within the South Pressure Zone). According to Table 5.7 in the Water Facility Plan, a zone designation of B-2 requires 3,000 gpm of flow for 3 hours to achieve adequate fire protection. According to Figure 6-8 of the Water Facility Plan, the available fire flow for the proposed development area is 4,000-5,000 gpm, which confirms the hydrants have adequate capacity to extinguish a fire. Additionally, access to the site is not changing. Emergency services will be able to access the site using the newly constructed principal arterial Rouse Ave, and other collector streets such as Peach St and Broadway Ave. c) Will the new zoning promote public health, safety and welfare? How? Yes, the new zoning will promote public health, safety, and welfare. The proposed improvements will meet the standards for B-2M and should be zoned as such to prevent the creation of nuisances by non-compliance with the standard. As stated in answer (b), the proposed development will be tied into the City’s municipal water, sewer, and garbage collection systems. These systems will ensure that the brewery expansion is provided with clean drinking water and proper sewage/garbage disposal which are all important factors in protecting the public’s health and safety. The proposed development integrates residential and commercial land use activities by allowing employees to live and work in the same building. On-site employee housing decreases the need for motorized commuting vehicles, leading to reduced street congestion, traffic accidents, and air pollution. Air pollution is linked to a heightened risk for many serious health conditions so reducing carbon emissions is a large step in the right direction for protecting the public’s health. On-site employee housing will also help provide stable and affordable housing for staff, which is becoming increasingly challenging in Bozeman due to demand and recently passed legislature. Additionally, the new zoning designation promotes redevelopment by converting the existing residential property into a multi-use lot. Multi-use properties help encourage diverse uses of land in very close proximity to one another, which ultimately prevents overcrowding of land with unnecessary structures and in the long run promotes the preservation of open space. In this case, the land will be used for housing, business, and community engagement. In the event of an emergency, the new zoning will maintain emergency service access via Rouse Ave, Peach St, and Broadway Ave. Furthermore, the existing brewery and proposed expansion act as a gathering area that brings the community together. The proposed development will promote the wellbeing of the community by building upon Bozeman’s love of breweries and fitting well into Bozeman’s culture. Lastly, the proposed development minimizes cost to local citizens by connecting to the City of Bozeman’s existing systems, condensing garbage services, providing jobs, promoting walking and biking, and reducing housing and commuting costs for employees. Overall, the new zoning will promote public health, safety, and welfare by being in accord with Bozeman’s growth policy. 62 d) Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools, parks and other public requirements? How? Yes, the new zoning will provide adequate water, sewer, and transportation. These services will be provided by the City’s existing municipal system. Figure 6-7 in the Water Facility Plan details the existing water distribution system and shows that the area surrounding the proposed development has an acceptable level of head loss, indicating there is adequate capacity to provide water for the development. As discussed in answer (b), adequate fire flow will be provided by Hydrant #45. Adequate sewer will also be provided by the City’s municipal system. According to the City’s design criteria, sewer pipes that have a depth of flow to pipe diameter (d/D) ratio exceeding 0.75 are considered potentially deficient. Figure 4-8 of the Wastewater Collection Facilities Plan Update (2015) shows that the sewer pipes servicing the proposed development and surrounding area all have a depth of flow to pipe diameter (d/D) ratio less than 0.75, indicating that there is adequate wastewater capacity for proper sewage disposal. Transportation access will remain unchanged. Access is anticipated to be primarily accomplished via principal arterial Rouse Ave and collector streets Peach St and Broadway Ave, but can also be accessed by other local streets such as Plum Ave. The brewery’s proximity to residential neighborhoods also encourages walking and biking as modes of transportation. Parking improvements on the subject property are anticipated to serve the site and provide overflow parking for the existing brewery. Lastly, the proposed development and new zoning will meet all setbacks and other requirements. e) Will the new zoning provide reasonable provision of adequate light and air? How? Yes, the new zoning provides reasonable provision of adequate light and air. The brewery’s proximity to residential neighborhoods promotes eco-friendly transportation methods like walking and biking, while on-site employee housing reduces employee commutes. Both its location and mixed-use nature will help reduce congestion on roads and the air pollution that results from motorized traffic. Adequate lighting will be provided within the building using a combination of natural and artificial lighting. Maximizing the use of natural light within the new building will help minimize energy usage, ultimately reducing the associated carbon emissions and costs. Minimizing energy consumption and motorized traffic helps improve outdoor air quality. Avoiding paints and finishes containing Volatile Organic Compounds (VOCs) will improve indoor air quality. In addition, the parking lot will be sufficiently lit per the COB Development Code. Providing adequate lighting helps protect the safety of customers, employees, and goods/materials. 63 f) Will the new zoning have an effect on motorized and non-motorized transportation system? How? Yes, the new zoning will promote the use of non-motorized transportation methods like walking and biking because of its close proximity to residential areas. Utilizing a mixed-use work-live scenario reduces employee commutes. The Gallagator Trail also provides an eco-friendly route from the outskirts of town to the general vicinity. Additionally, future improvements anticipate a parking lot serving the site and providing overflow parking for the brewery. g) Does the new zoning promote compatible urban growth? How? Yes, the new zoning promotes compatible urban growth. The proposed brewery expansion is redeveloping land that is already being used for residential purposes rather than creating urban sprawl on the outskirts of town. The proposed development also increases the density of the residential housing on the south lot from a single-family home to multiple living units for employees. The existing zoning (R-2 for the south lot, M-1 for the existing brewery lot) is being repurposed for a mixed community business use (B-2M). Moreover, the multi-use nature of the proposed improvements promotes diverse uses of land within close proximity to one another. In the end, this reduces the need for people to travel long distances for work, groceries, and recreation which ultimately diminishes the carbon emissions associated with travel. h) Does the new zoning promote the character of the district? How? Yes, the new zoning (B-2M) promotes the character of the district by allowing for residential and commercial mixed-use buildings. The City of Bozeman is trying to move away from industrial use for this area and move towards a Community Commercial Mixed Use instead. The proposed development and associated new zoning both align very nicely with the City’s plan for the future of this area by combining Mountains Walking business operations with employee housing. The new building expands brewery operations on the first floor and provides several living units for employees on the upper floor. The mixed-use nature of the proposed development and the B-2M zoning designation also help provide a smooth transition from the residential neighborhood located south/west of the site to the industrial area located north/east of the site. Lastly, the district of town around Mountains Walking already features several other mixed-use buildings so creating another live-work building would fit in nicely with the character of that district of town. 64 i) Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, the new zoning addresses the affected area’s suitability for particular uses. The anticipated development will retain the residential component by including on-site employee housing on the upper level of the new building. However, the proposed development will also build upon the commercial component by expanding the current brewery operations and increasing business. The proposed development will be more sustainable, more robust, and more diverse in its uses. j) Was the new zoning adopted with a view of conserving the values of building? How? Yes, the new zoning was adopted with a view of conserving the values of building. The proposed multi-use development combines business and housing all into the same location which makes the building inherently more versatile and valuable. Additionally, the new development would aim to maintain and enhance the current property through redevelopment, rather than starting brand new construction on the outskirts of town. Finally, the work-live building also helps blend the surrounding urban neighborhoods into the commercial sector more smoothly. k) Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of land throughout the jurisdictional area. The City of Bozeman wants to push this area away from industrial use towards commercial and residential mixed-use. The current brewery and the surrounding area to the north/east fall into the Community Commercial Mixed-Use future land use designation. A zoning designation of B-2M is permitted under Community Commercial Mixed-Use and encourages mixed-use business buildings. The proposed development combines business operations and employee housing all into one which aligns very nicely with the City of Bozeman’s goals for the future land use of the area. The multi-use nature of the new building gets the greatest number of uses out of the same plot of land. 65 Supporting Figures for Project Narrative 66 4,3370.1 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 5050 Legend 253 Location 505 05/24/2021 Created By: Created For: Date: Zoning Designations Street Names City Limits 67 4,3370.1 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 5050 Legend 253 Location 505 05/24/2021 Created By: Created For: Date: Title Street Names Community Plan Future Land Use Urban Neighborhood Traditional Core Residential Mixed Use Regional Commercial and Services Community Commercial Mixed Use Maker Space Mixed Use Industrial Public Institutions Parks and Open Lands No City Services City Limits 68 58 BOZEMANMT 2020 COMMUNITY PLAN L CORRELATION WITH ZONING The zoning districts which implement each future land use category are shown in relation to each future land use category in chart below. For zoning district intent, see 38.300. For permitted uses, see 38.310. Urban Neighborhood R-S, R-1, R-2, R-3, R-4, R-5, R-O, REMU RMH, B-1, PLI Residential Mixed Use R-3, R-4, R-5, R-O, REMU, B-1, PLI Community Commercial Mixed Use R-O, REMU, B-1, B-2, B-2M, UMU, NEHMU PLI Traditional Core B-2M, B-3, PLI Regional Commercial & Services B-2, B-2M, UMU, PLI Maker Space Mixed Use BP, M-1, NEHMU, PLI Industrial M-1, M-2, BP, PLI Parks & Open Lands PLI Public Institutions PLI Low Density Housing Moderate Density Housing Medium Density Housing High Density Housing & Mixed Use Neighborhood & Community Commercial & Business Ofﬁ ce Downtown Business & Mixed Use Large Commercial & Business Manufacturing & Artisan Public Lands, Parks, & Open Space Educational Facilities Civic Buildings & Institutions Maker Space 69 Figure 4-8 – Existing System Results – Maximum d/D 4-21 70 GFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFG!! 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PRVPressure Zones GALLATIN KNOLL NORTHEAST NORTHWEST SOUTH WEST Advanced Engineering and Environmental Services, Inc. 71 72 73 Water Facility Plan Update Chapter 5 – Design Parameters and Evaluation Criteria July 2017 P05097-2013-001 Page 80 5.5.3 City of Bozeman Fire Flow Availability The evaluation completed for the Water Facility Plan Update determined available fire flows (to assess the distribution system under current and future water demand conditions) by using zoning districts that represent different types of development. Therefore, the fire flow requirements set forth in this Water Facility Plan Update are intended only for general planning purposes, and may not be reflective of actual fire flow requirements required by the size and construction type of a specific development, and will not identify specific non-conforming developments. These guidelines are intended to comply with requirements in the City’s Design Standards and Specifications calling for fire flow demands to be calculated as determined by ISO criteria. Available fire flow is the flow rate of water supply available at the hydrants for firefighting measured at a residual pressure of 20 psi. The residual pressure of 20 psi represents the minimum pressure required to provide normal water pressure to a second story faucet while a nearby fire event is in progress. Table 5.7 presents the recommended fire flow guidelines along with the required fire flow volumes used in the analysis. Figure 5-2 shows fire flow guidelines for existing and future land use. Zoning District Category Flow (gpm) Duration (hrs) No. of Fires Total Demand (gal) Residential Use R-4 Residential High Density 3,000 3 1 540,000 R-3 Residential Medium Density 3,000 3 1 540,000 R-2 Residential, Single-family Medium Density 1,500 2 1 180,000 R-1 Residential, Single-family Low Density 1,500 2 1 120,000 PU Public Lands and Institutions 3,000 3 1 540,000 Commercial Use B-1 Neighborhood Business 3,000 3 1 540,000 B-2 Community Business 3,000 3 1 540,000 B-3 Central Business 4,000 4 1 960,000 Industrial Use M-1 Light Manufacturing 4,000 4 1 960,000 M-2 Manufacturing and Industrial 5,000 4 1 1,200,000 Table 5.7: Fire Flow Availability Guidelines 74 ALLE YLOTS 18, 19 & 20POINT OFBEGINNINGPLUM AVENUE AVOCADO STREETEXISTINGM-1 ZONINGPROPOSEDB-2M ZONINGBRO A D W A Y A V E N U EEXISTINGR-2 ZONINGPROPOSEDB-2M ZONINGLOT 21APLATC-23-A33LEGENDSHEET1 OF 1ZONE MAP AMENDMENTBEING LOTS 18, 19, AND 20, BLOCK 50 OF THE NORTHERN PACIFIC ADDITION PLAT C-23 AND LOT 21A OF THE AMENDED PLAT OF LOTS 21-24 IN BLOCK 50 & LOTS 24-29 IN BLOCK 23 &PORTIONS OF VACATED ORANGE STREET IN NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN,LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7,TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANACivil EngineeringGeotechnical EngineeringLand Surveying32 DISCOVERY DRIVEBOZEMAN, MT 59718PHONE (406) 582-0221FAX (406) 582-5770www.alliedeng ineer ing.comBASIS OF BEARING, COORDINATESLEGAL DESCRIPTION75 4,3370.1 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 5050 Legend 253 Location 505 05/24/2021 Created By: Created For: Date: Zoning Designations Street Names City Limits 76 Protest of the Following Applications: ●414 and 422 North Plum Avenue Zone Map Amendment application requesting a change to B-2M from R-2 and M-1. Application # 21319 ●414 North Plum Avenue Growth Plan Amendment application to change Urban Neighborhood to Community Mixed-Use. Application # 21318 Protest by property owners, Ken & Kristin VanDeWalle at 408 North Plum Avenue, Bozeman, MT, in the established R-2 neighborhood, directly to the south of the above applications by Mountains Walking Brewery.Submitted 10/19/2021 We are against the proposed zone map amendment and growth plan amendment applications and are asking that you NOT approve the above applications for the following reasons: We have lived at 408 N Plum Ave for 23 years and understand the character of our neighborhood. This is a ‘beyond reasonable’ expansion. The purpose of zoning as defined in our municipal code is to give property owners some predictability when they are investing in their homes and neighborhood (Sec. 38.08.010). Where is the predictability if it can be changed so drastically from a modest residential R2 zone to the most extreme and dense zone B-2M? The proposed parking lot and industrial expansion of the Mountains Walking Brewery business to the south is an excessive encroachment of manufacturing into an established residential neighborhood. It will affect the value of the surrounding homes and further invade into an established and thriving neighborhood. The infiltration of an expanded 24/7 industrial beer production facility will deteriorate this residential neighborhood. In addition, a zoning change to B-2M appears to allow 100% lot coverage and the potential for a 60-foot tall building to be built along our residential property line. This is completely out of scale for an established residential neighborhood, especially on N Plum Ave - a non-through narrow neighborhood street. The following bullet points list current conditions at the Mountains Walking Brewery. The past can be a good indicator of how the proposed expansion will encroach into an established residential neighborhood. We can only assume the conditions will worsen with the proposed expansion... ●For the past 4 years, since Mountains Walking Brewery began, it has been open for business every day including all holidays. The brewery/restaurant serves food and drinks 11:30 am-8 pm, 7 days a week, and 365 days a year. The production aspect of the business is 24/7, 365 days a year. The neighbors have no respite, even on holidays. With the proposed expansion, trucking, equipment use, noise, and unscreened outdoor storage will all increase if these applications are approved. ●Equipment, supplies, and discarded materials are piled up along the south end of the 422 N Plum Ave property and are not screened as required. These piles will likely multiply with increased production and be pushed to the extended southern residential border if these applications are approved. ●There is constant noise and activity from equipment and vehicles loading and unloading supplies 7 days a week. This will only increase on narrow neighborhood streets if these applications are approved. ●The decibel reading of mechanical equipment that runs 24/7 was measured this past week. The constant hum was measured from the adjacent property line. Here are the decibel readings: 9 am 58-67 dB, 12 pm: 71-74 dB, 9 pm 63-67 dB, 12 am 60-67 dB . These numbers exceed any 1 77 “reasonable person” standard of 60 dB. In addition, the overhead doors of their production facility are open with the high pitch industrial sounds of aluminum cans rolling down a conveyor belt to be filled with beer. If the change of zoning is allowed additional mechanical units likely will be placed at the southern property line adjacent to residential homes. ●There is an encroachment of equipment, firewood, supplies, and waste into the alley right of way. This will extend further into a residential area if these applications are approved.(See Photo 2) ●Sunday mid-morning delivery trucks with trailers are often unloading and loading hops and/ or ingredients for beer production with a forklift back & forth across N Plum Ave from Orange St while people walk with their children and dogs. With neighborhood density increasing, residents will be more greatly affected with increased deliveries on residential streets if these applications are approved. ●In the winter, a snow pile averaging 10’ high x 15’ wide x 10’ deep from the 422 N Plum Ave. parking lot has been plowed into the 414 N Plum Ave side yard for the last several years. These piles will likely multiply with increased parking and be pushed to the extended southern residential border if these applications are approved. ●The maintenance of 422 N Plum Ave. landscaping is non-existent. The lawn and landscaping are not cared for regularly. This lack of care would extend into a residential area that values their landscaping appearance if these applications are approved. The following bullet points question the claims made by Mountains Walking Brewery in their applications: ●The proposed changes do not increase or change the ability to continue having a social gathering space for the community as claimed in the application. The existing pub/restaurant capacity does not change, patrons will not increase because of the applications. What will change is the production capacity of Mountains Walking Brewery, which will, in turn, increase the stress of trucks, equipment, and production noises onto the health and welfare of residents and be a detriment to the neighborhood it encroaches into. ●While being able to walk to a neighborhood pub is great, we have observed over the past few years sparsely filled bicycle racks and increased parking on both sides of the narrow residential N Plum Ave. street, leaving one narrow car lane to weave through, negating the Mountains Walking Brewery statement that people are walking there in large numbers. ●If the zoning change is about creating workforce housing, then why not a zoning change to R-3 or R-4? With R-2 zoning they could build a new home for themselves (the owners of Mountains Walking Brewery) as they have said to their neighbors since purchasing the property and an ADU off of the alley to house some employees. ●Workforce housing and affordable housing are in demand and a major priority of the city planners. With the zoning of B-2M only encouraging the integration of multi-family residential use, but not requiring it, the question arises... What if the zoning change is passed on the feel-good premise of a multi-use property with workforce housing and Mountains Walking Brewery increases the industrial capacity of their business and later decides to not add workforce housing, while taking advantage of the generous zero set-back and 6-floor height allowances - what are the consequences for misleading the City of Bozeman of their intent? ●The natural industrial expansion of Mountains Walking Brewery should be to the north and east as stated in their applications “The proposed future land use will match the adjacent areas to the north and east along with the associated and adjacent brewery site.”Never, do the two applications mention the dense residential areas to the south, west, and east where the expansion 2 78 would take place, or the impact on the historical aspects of a conservation overlay district and the established R2 neighborhood they are requesting a zoning change for that is to the south, west, & east. How is our neighborhood more resilient by tearing down a residential home in an established neighborhood and pushing an active and sprawling industrial production facility that has forklifts unloading large open bins of hops, grain and materials across N Plum Ave from Orange St on a Sunday morning where people are constantly walking with their children and dogs? How does that add or enhance our residential neighborhood? How does our neighborhood get bolstered with increasing the industrial output of Mountains Walking? How is pressing an industrial building with high decibels of indoor and outdoor equipment within a few feet of the property lines of residential neighbors a good aspect of life? The proposed amendment does not match the established zoning of R2 and does NOT blend into the established residential neighborhood by extending the industrial sprawl of Mountains Walking closer in and surrounded by residential lots on the west, south, and east sides of the expansion.(See Photo 3) Expansion of industrial capacity does not better serve the community or patrons. It will not increase the social gathering already established at the Mountains Walking restaurant. How can you ensure expansion will increase jobs and how can you ensure employee housing is for employees in need of affordable housing and not the owners? Again, how does industrial expansion for increased beer production bring people together and improve mental health? The increased industrial noises from trucks and machinery will wear on the neighborhood's mental health. How does employee housing make an employee feel safe, secure, and stable? Wouldn’t employees feel beholden to their employers since they live on-premises? Lastly, we wish their business success, but the fact is many businesses fail. If that happens, then the neighborhood is left with a zoning change that could enable a variety of inappropriate businesses to be pocketed within an established R2 neighborhood. There are neighborhood rumors of change coming with the industrial businesses to the North and East of Mountains Walking Brewery, perhaps this is the direction they could consider for expansion of the industrial output of their business. For all the reasons stated above, we object to applications # 21318 and # 21319. Sincerely, Ken & Kristin VanDeWalle 408 N Plum Ave., Bozeman, MT 59715 3 79 Photo 1: Industrial overflow unscreened on the south edge of Mountains Walking Brewery Photo 2: Encroachment and sprawl along the alley on the east side of Mountains Walking Brewery Photo 3: Established residential property that would border expansion of Mountains Walking Brewery to south 4 80 Memorandum REPORT TO:Zoning Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Subdivision Review Procedures And Associated Development Standards Update Text Amendment, Ordinance 2089, Application 21338 MEETING DATE:October 25, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338 and move to recommend approval of Ordinance 2089 STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The State Legislature passed six bills which amended the Subdivision and Platting Act in the 2021 legislative session. The City is required to have regulations to review subdivisions. Those regulations must conform to state law. Therefore the City must update its regulations accordingly. These amendments will change the way the City reviews subdivisions. The amendments have been drafted to strike a balance of interests between right to know and participate, property rights and responsibilities, and the directives of the revised state laws. In support of additional efforts to support housing creation, the amendments have been drafted to remove information deemed unnecessary as data availability has increased through online tools, clarify the subdivision review process, and take advantage of state authorized reductions in review criteria and processes. Because the City has adopted unified standards that apply to both subdivision and zoning based development review the Zoning Commission also must participate in review. The scope of the Zoning Commission review is limited for this amendment and specifically focuses on Sections 3-5, 10, 11, and 22-24 of Ordinance 2089. UNRESOLVED ISSUES:None ALTERNATIVES:1. Recommend denial of the ordinance based on findings of non- 81 compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS:No budgeted funds will be affected by this amendment Attachments: 21338 ZC staff Report.pdf Revised Text for Subdivision Process - Public draft 9-21- 2021.pdf Report compiled on: October 20, 2021 82 Page 1 of 17 21338 Staff Report for the Subdivision Review Procedures Update Text Amendment, Ordinance 2089 Public Hearings: Planning Board – October 18, 2021. Zoning Commission – October 25, 2021. City Commission – November 16, 2021. Project Description: Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide. Recommendation: Meets standards for approval. Planning Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt except as provided below the findings presented in the staff report for application 21338. I dissent from the finding that the proposed amendments are wholly in accordance with the growth policy in as much as they terminate the City's inclusionary housing ordinance. I find that this termination is inconsistent with the City's adopted growth policy in particular goal N-1.1 which states an objective of the policy is to "promote housing diversity" I nonetheless move to recommend approval of Ordinance 2089.. Zoning Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338 and move to recommend approval of Ordinance 2089. Recommended City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338, and move to provisionally adopt Ordinance 2089. Report: October 19, 2021 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative 83 Staff Report for the Subdivision Review Procedures Update 21338 Page 2 of 17 EXECUTIVE SUMMARY This report is based on the analysis of required elements of state law regarding subdivision review and public comment received to date. Unresolved Issues None. Project Summary These amendments will change the way the City reviews subdivisions. The City is required to have regulations to review subdivisions. Those regulations must conform to state law. The State Legislature amended the Subdivision and Platting Act in 2021. Therefore the City must update its regulations accordingly. The amendments have been drafted to strike a balance of interests between right to know and participate, property rights and responsibilities, and the directives of the revised state laws. In support of additional efforts to support housing creation, the amendments have been drafted to remove information deemed unnecessary as data availability has increased through online tools, clarify the subdivision review process, and take advantage of state authorized reductions in review criteria and processes. Some elements of the amendments also affect projects reviewed through zoning processes. See Appendix A for a summary of the amendments and the attached draft Ordinance 2089 for the exact proposed text. These amendments are applicable across the entire city. The text of the ordinance will be updated after the Planning Board and Zoning Commission public hearings to address public comments and continued review of the statutes. Strategic Plan 4.1 Informed Conversation on Growth Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. 4.2 High Quality Urban Approach Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. 4.3 Strategic Infrastructure Choices Prioritize long-term investment and maintenance for existing and new infrastructure. 84 Staff Report for the Subdivision Review Procedures Update 21338 Page 3 of 17 Planning Board The Bozeman Planning Board held a public hearing on October 18, 2021 at 6:00 p.m. using WebEx. The Planning Board has a specific statutory responsibility to consider subdivisions and subdivision regulations and will be considering all the components of draft ordinance 2089. The video and draft minutes of the meeting are available online at https://bozeman.granicus.com/player/clip/167?view_id=1&redirect=true. No public comments were submitted regarding the proposed ordinance 2089. The Planning Board discussion focused on changes to notice and impact on participation, differences between the various subdivision processes, the complexity of the overall issues, and need to conform to state law. The Planning Board voted 6-0 to recommend approval with an amended motion noting that the proposed ordinance did not comply with Objective N-1.1 of the Bozeman Community Plan 2020 regarding diversity of housing due to the state prohibiting application of 38.380 regarding affordable housing. Zoning Commission The Bozeman Planning Board will hold a public hearing on October 25, 2021 at 6:00 p.m. using WebEx. The scope of the Zoning Commission review is more limited for this amendment and specifically focuses on Sections 3-5, 10, 11, and 22-24 of Ordinance 2089. No public comment has been received as of the writing of this report. Alternatives 1. Recommend denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 85 Staff Report for the Subdivision Review Procedures Update 21338 Page 4 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 2 Planning Board.................................................................................................................... 3 Zoning Commission ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 5 Section 76-3-102, MCA (Subdivision Purposes)................................................................ 6 Section 76-3-501, MCA (Subdivision Purposes)................................................................ 8 SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS..................... 10 Spot Zoning Criteria ......................................................................................................... 14 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 15 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 16 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as proposed. The Planning Board will hold a public hearing on these amendments on October 18, 2021. The Zoning Commission will hold a public hearing on these amendments on October 25, 2021. 86 Staff Report for the Subdivision Review Procedures Update 21338 Page 5 of 17 The City Commission will hold a public hearing on the text amendment on November 16, 2021 at 6:00 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction but must be consistent with the criteria. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Criterion met. The proposed amendments are made in accordance with the adopted growth policy - the Bozeman Community Plan 2020 (BCP 2020). No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. State law requires a growth policy to describe how the community will consider the primary review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020. Agricultural uses are generally expected to transition out with conversion to urban uses. This makes some water user facilities unnecessary with development and those can be removed using the proper procedures. However, some agricultural water user facilities will continue to operate in the short and long term and must be protected and maintained. Water may be carried many miles from the diversion point to its place of use. Therefore, the impacts of development on agricultural water user facilities and water rights may be far away from where the water is put to use. Ditch and water right owners have property rights in agricultural water user facilities and statutory rights to protect those property rights. The BCP 2020 recognizes this and calls for protection of such rights. Theme 7 of Chapter 2 addresses cooperation and coordination with other agencies. It calls for several actions including RC-1.5 Implement the Triangle Community Plan in coordination between Bozeman, Belgrade, and Gallatin County. Several policies of the Triangle Community Plan address ditches including but not limited to: 87 Staff Report for the Subdivision Review Procedures Update 21338 Page 6 of 17 POLICY 4.9.2 Rights of way and easements associated with the ditches and canals must be recognized and protected. POLICY 4.9.7 Encourage coordination between developers and ditch owners to minimize or eliminate the number of times irrigation infrastructure must be crossed. POLICY 4.9.8 Refine development review processes to provide for oversight after approval and throughout construction in coordination with adjacent ditch or canal company to ensure the standards are met. Section 4.9 – Ditches and Canals, of the Triangle Community Plan presents a shared priority to protect ditches and canals when appropriate to support the continued functionality of the facilities. These facilities are an essential element of the agricultural heritage of the community which is an important part of community identity and character. POLICY 4.9.13 Use subdivision review regulations to recognize and protect rights of way and maintenance easement rights for irrigation ditches and canals. BCP 2020 - RC-3.6 Develop shared information on development processes. The revisions to the code in Section 22 and 24 of the ordinance addressing ditches is coordinated with the requirements of Gallatin County to provide consistency across jurisdictional boundaries, ensure that those holding water rights or ownership of agricultural water user facilities are included in the subdivision review process, and supports compliance with state law regarding ditches and other agricultural water user facilities. The Association of Gallatin Agricultural Irrigators was notified of this amendment process and invited to comment and participate in the process. At the Planning Board public hearing, the Board found that Objective N-1.1 was not met with the ordinance. N-1.1 Promote housing diversity, including missing middle housing. They found that the state prohibition enacted by House Bill 259 by the 2021 Montana Legislature caused the ordinance’s provisions removing requirements for affordable housing to be contrary to the stated Objective from the growth policy. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Criterion is met. The proposed regulations promote the public health, safety, and general welfare by requiring compliance with the Montana Subdivision and Platting Act. The City’s adopted standards for land development which apply to the subdivision process ensure adequate emergency services, access to utilities, and other features which support this criterion. 88 Staff Report for the Subdivision Review Procedures Update 21338 Page 7 of 17 Further, the proposed edits continue to provide for installation of infrastructure necessary for public health and safety, such as sanitary sewer, water, stormwater, streets and sidewalks in conjunction with development of commercial and residential projects. The regulations require identification and avoidance of development of land where it is not suitable. Section 76-3-501 MCA requires the City to create and adopt subdivision regulations. Section 76-3-504 identifies what must be included in those regulations. Numerous sections of state law relating to subdivisions were amended by the Legislature in the 2021 session. The City is updating its regulations in response to those changes. All the proposed edits in draft Ordinance 2089 are implementing improvements to the subdivision related processes and standards. Some standards apply to both subdivision and zoning authority based land development. The City has received applications for 47 preliminary plats and 53 final plats in the past five years. The City is using its extensive experience in subdivision review to make improvements to the subdivision process locally in addition to the state required changes through these amendments. See also Zoning Criteria B and C. The criterion is met. 3. Prevent the overcrowding of land. Neutral. Overcrowding is the condition arising from more intensity of use than the property and infrastructure is capable of supporting. T\he proposed regulations do not address the underlying analysis of whether a proposed land use is the appropriate intensity of use. The City’s standards regarding appropriate intensity of use are established through the City’s zoning districts which are not changed with these amendments. The necessary infrastructure to support development must still be provided in a timely manner and in sufficient quantity to address needs of the development. Section 8 of the ordinance requires demonstration of compliance with standards including the infrastructure needed to prevent overcrowding. 4. Lessen congestion in the streets and highways. Neutral. The proposed amendments do not change the existing standards which address this criterion. Adequate information to demonstrate compliance with adopted standards must still be presented as part of application submittals. The City’s transportation master plan and implementing capital improvements program address needed expansions and improvements. Local improvements will continue to be required for individual subdivisions as currently is required. 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Yes. The existing regulations set forth process and standards by which a development ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. Compliance with those requirements is required as part of the submittal requirements for subdivision application. The standards for agricultural water user facilities (e.g. ditches) are being 89 Staff Report for the Subdivision Review Procedures Update 21338 Page 8 of 17 updated. Agricultural water user facilities are often located adjacent to streets or cross parks. Contact, consultation, and coordination with the water right and agricultural water user facility owners avoids conflicts and ensures minimal impact to both agricultural water user facilities and other infrastructure. The regulations have no impact on providing adequate light and air. See also Zoning Criteria D and E. The criterion is met. 6. Require development in harmony with the natural environment. Neutral. The proposed amendments do not specifically address this issue. The existing standards for protection of water courses, wetlands, etc. are not modified. Revisions are made to data submittal requirements. As more information becomes readily available online on demand the specific information for an individual application can become more focused on essential material unique to that site. The proposed amendments do reduce required information to be submitted with individual subdivision applications. Due to the increased general availability of information, the reduction in application specific submittal material will not negatively affect this criterion. 7. Protect the rights of property owners. Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both property rights and associated responsibilities. The proposed amendments protect the rights of property owners by providing a uniform process and standards for subdivisions which is consistent with state law. The owners of water rights and agricultural water user facilities have property rights in those items. The revised provisions for water rights and agricultural water user facilities in the newly proposed Section 38.360.280 and revised 38.410.060 ensures that affected persons are contacted and have an opportunity to participate in the review process to protect their property interests. This section completes the necessary regulatory elements in generally applicable standards to address the primary review criteria for subdivisions. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The proposed amendments do not alter the standards previously found adequate to address this requirement. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. Criterion is met. Section 76-3-616 and Section 1 of Senate Bill 161 (soon to be published as 76-3-623) both share the premise that if generally applicable regulations are in effect, often established through zoning, then review of a subdivision should primarily focus on 90 Staff Report for the Subdivision Review Procedures Update 21338 Page 9 of 17 compliance with the established regulations. The City has over time established standards addressing most of the subdivision primary review criteria created in 76-3-608 MCA. The proposed amendments do not modify the standards for layout of parks, streets, or other elements of order. The amendments are primarily focused on review processes. Additional standards are being created for water rights and agricultural water user facilities and coordination with owners, see ordinance section 22 and 24. These additional standards will further support orderly development through early contact with affected parties and providing opportunities to avoid or address conflicts earlier in the review process. 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The proposed amendments do not alter the existing standards or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. See also Zoning Criterion F. 11. Dedication of land for roadways and for public utility easements. Neutral. The proposed amendments do not alter the existing standards for the width or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Configuration of easements for public utilities such as water or sewer are not changing. Sections 16 and 17 among other sections amends the certificates which are included on final plats. These certificates are an important part of documenting and completion of dedications of land and easements for roads and public utilities. See also Zoning Criterion F 12. Improvement of roads. Neutral. The proposed amendments do not alter the existing standards for road improvements New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Most detailed construction standards are now and will continue to be included in the Design and Specifications created by the Engineering Division. See also Zoning Criterion F 13. Provision of adequate open spaces for travel, light, air and recreation. Criteria is met. The regulations simplify the review process for public parks. Additional responsibilities are being delegated from City Commission to the Director of Parks. This is expected to shorten review and approval times for the delegated duties, such as approval of final park plans. The amendments also move certain review responsibilities from the Recreation and Parks Advisory Board to the Parks Department staff. This is consistent with the recent restructuring of advisory boards and an increased focus on policy development 91 Staff Report for the Subdivision Review Procedures Update 21338 Page 10 of 17 rather than operational activities. Sections 25-27 of the proposed ordinance enact these transfers of responsibility. See Ordinance 2089 for revisions. Standards for lights and air are generally established by the Building Code and Zoning regulations for individual lots. No changes are proposed affecting the amount of land to be set aside for public parks. 14. Adequate transportation, water and drainage. Neutral. City standards for the referenced infrastructure is unchanged by the proposed amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F. 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The proposed amendments do not modify the regulations in place to ensure adequate sanitary facilities to serve the development are installed in accordance with City standards. The City has not established standards greater than state regulations or guidelines that would be affected by 76-3-511. See also Zoning Criterion D. 16. Avoidance or minimization of congestion. Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed amendments are primarily focused on the process to review subdivision applications. These processes do not in themselves address this criterion. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Criterion is met. The proposed regulation ensures that adequate water, drainage, street system, sidewalks, and other necessary infrastructure will be installed to City standards. The expanded requirements relating to water rights and agricultural water user facilities helps avoid unintentional flooding caused by removal or damage to the ditch system. Such flooding can be widespread. Some ditches also serve as stormwater channels and if damaged can interfere with proper drainage of developed and undeveloped areas. See also Zoning Criteria A, D, and F. The criterion is met. SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must 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. 92 Staff Report for the Subdivision Review Procedures Update 21338 Page 11 of 17 A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. State law requires a growth policy to describe how the community will consider the primary review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP 2020. Agricultural uses are generally expected to transition out with conversion to urban uses. This makes some agricultural water user facilities unnecessary. However, some will continue to operate and need to be protected and maintained. Agricultural water user facilities and water owners have property rights in agricultural water user facilities and statutory rights to protect those property rights. The BCP 2020 recognizes this and calls for protection of such rights. The proposed amendments in Sections 22 and 24 of the ordinance propose specific language to address the protection and coordination with the owners and beneficiaries of ditches and water rights. The proposed standards are applicable to both subdivision and zoning based review processes. See also the discussion in Subdivision Criterion 1 above. B. Secure safety from fire and other dangers. Criterion is met. As noted in Criteria A and 17 above, the City expects the improved coordination with water right holders and agricultural water user facilities owners to improve 93 Staff Report for the Subdivision Review Procedures Update 21338 Page 12 of 17 safety. The other standards already in place for fire and other protection remain in place and will continue to protect the public. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place. See also responses to Criteria A, B, 2, 5, 14, and 17 above. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in the subdivision review criteria above, the existing standards regarding provision of infrastructure for these services will not change. The focus of the amendments is primarily on subdivision review processes. These include improvements on the process for submitting park related information and approval of park plans. Mitigation of impacts of new development on parks and recreation is required in MCA 76-3-621. E. Reasonable provision of adequate light and air. Neutral. The proposed amendments do not alter existing standards for setbacks, open space, park dedication, or other related issues. The standards previously adopted to address this criterion remain in place. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans or associated standards. The subdivision process does require applicants to demonstrate compliance with the adopted standards. Therefore, the impacts on transportation should be minimal from these amendments. G. Promotion of compatible urban growth. Criterion is met. As the City expands it interacts with adjacent agricultural uses. Agricultural operations are often dependent on irrigation and most irrigation in the area is provided by ditches. The proposed amendments in Sections 22 and 24, as discussed above, protect the interests of irrigators and water right holders. There are also adopted provisions to support the removal of ditches when they no longer are required thereby avoiding conflicts with new construction. 94 Staff Report for the Subdivision Review Procedures Update 21338 Page 13 of 17 The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. Other standards addressing compatibility are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the text and not the zoning map. The amended text is affecting review procedures for subdivision. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. The zoning related elements in Sections 3-5, 10, 11, and 22-24 of Ordinance 2089 address review processes or standards for agricultural water user facilities that will not modify the character of districts. I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. Therefore, no analysis regarding this criterion can be performed. The analysis as required in Subdivision Criterion 17 remains in place and will be performed with each subdivision. This existing process will address this criterion. J. Conserving the value of buildings. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. 95 Staff Report for the Subdivision Review Procedures Update 21338 Page 14 of 17 K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. The subdivision review process provides more detailed analysis and documentation that the uses authorized by the zoning can actually be supported with existing or expanded infrastructure. The amendments do not change this outcome. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way. Therefore, no analysis of spot zoning criteria is provided. 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. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 96 Staff Report for the Subdivision Review Procedures Update 21338 Page 15 of 17 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The City is required to adopt regulations to review the subdivision of land. The subdivision process sets the essential framework of a community with streets, parks, and lots being laid out. These decisions have impacts measured in centuries as well as affecting the community in the near term. The laws of the State of Montana place many requirements on what must be included in subdivision regulations. Restricted time frames for review, noticing to the public, protection of property rights, public safety, and many other subjects are addressed. The 2021 Legislature passed six bills modifying the subdivision review process. The City must update its regulations accordingly. A broad theme in recent legislative actions is that if an issue can be addressed through a generally applicable rule, such as zoning, that is preferred over many site specific analyses unique to an individual subdivision regulation. The City adopted a Unified Development Code in 2003 to accomplish coordination and lessen the complexity inherent in the very complex issues and requirements of land development. Many standards apply to both subdivision and zoning based review processes. The proposed amendments continue this process. Specific edits with these amendments are: 1. The City is removing language which simply repeats state law in local ordinance. Instead, a reference to the applicable state law is provided instead. This shortens text length, and ensures that review of requirements is always directly linked to the most current state requirements. 2. The City is updating references to state law and local ordinances which have changed since the prior code amendments. 3. The City is clarifying who bears the responsibility to demonstrate compliance with adopted standards, when that compliance must be shown, and by whom. 4. The delegation of some current City Commission steps in review processes to specified staff positions. This is expected to reduce review time, ensure the agencies most affected by decisions are participating in the decisions, and strengthen consistency with other review processes. An example is the Director of Parks and Recreation having responsibility to approve finalized park plans. 5. Updating submittal requirements for subdivisions to remove unneeded information from individual applications as new information sources have become available, limit information supplied to that most relevant to the subdivision process, and ensure all needed information is provided. 97 Staff Report for the Subdivision Review Procedures Update 21338 Page 16 of 17 6. Updating public notice provisions to conform to changed requirements for subdivision review processes. Due to the changes in state law and the local ordinances there will be fewer public hearings on subdivisions. The change from public hearings to public meetings changes how notices are published and the timing for notices. Depending on the specific review procedure, the duration of notice may be the same as at present or may be reduced. However, there will still be opportunities for public notice and comment on subdivisions. 7. Changing the subdivision preliminary plat review process to meet revised state laws for expedited subdivision review and newly applicable review processes. These revisions change the review process to rely more on compliance with generally applicable regulations rather than project specific conditions of approval, changes most public hearings to public meetings, and shortens review time for some subdivisions. The Planning Board will likely no longer conduct any public hearings on subdivisions. Some review processes for subdivisions will be shortened. 8. Updating required certificates for final plats for additional clarity and revisions for City signatories. 9. Revised process and standards for agricultural water user facilities (e.g. ditches and canals). This amendment enables the City to invoke 76-3-616 MCA which simplifies the subdivision review process by providing for all subdivision primary review criteria to be addressed with generally applicable regulations. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Planning Board public hearing, and not more than 45 days prior to the City Commission public hearing. Notice was published in the Bozeman Daily Chronicle on 10/3/2021, 10/10/2021, 10/17/2021, and 11/7/2021. The City exceeded the required notice provision. Hearing dates are on the first page of this report. No written public comment has been received as of the writing of this report. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Chris Saunders, Community Development Manager 98 Staff Report for the Subdivision Review Procedures Update 21338 Page 17 of 17 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2089 99 DRAFT Ord 2089 Page 1 of 81 This draft ordinance is under public review. Additional changes may be made prior to adoption. Dates of public hearings are before the Planning Board on October 18th and the City Commission on November 16th. Markup is in color for ease of identification. Blue text is inserted. Red text is deleted. Some explanatory comments are provided in the side bubbles. ORDINANCE 2089 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 38.100.040 INTENT AND PURPOSE OF CHAPTER TO REFERENCE STATE LAW, AMENDING SECTION 38.100.070 CONDITIONS OF APPROVAL TO CLARIFY WHEN CONDITIONS OF APPROVAL APPLY, AMENDING SECTION 38.100.080 COMPLIANCE WITH REGULATIONS REQUIRED TO CLARIFY OBLIGATIONS, AMENDING SECTION 38.200.010 REVIEW AUTHORITY TO UPDATE RESPONSIBILITIES FOR REVIEW OF DEVELOPMENT ACTIONS, AMENDING SECTION 38.220.030 SUBDIVISION PRE-APPLICATION PLAN TO REVISE SUBMITTAL MATERIALS FOR SUDIVISION PRE-APPLICATIONS, AMENDING SECTION 38.220.040 SUBDIVISION PRELIMINARY PLAT TO REVISE SUBMITTAL MATERIALS FOR SUBDIVISION PRELIMINARY PLATS AND DELETING AND RESERVING SECTION HEADER 38.240.050, AMENDING SECTION 38.220.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS TO CHANGE TITLE AND REVISE REQUIRED MATERIAL FOR SUBMISSION, AMENDING SECTION 38.220.070 FINAL PLAT TO REVISE APPLICATION MATERIALS TO BE SUBMITTED WITH A FINAL PLAT, AMENDING DIVISION 38.220 PART 2 TO REVISE THE SUBMITTAL AND REVIEW OF SUPPLEMENTARY DOCUMENTS, AMENDING SECTION 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING TO REMOVE FOOTNOTES, REVISE NOTICING PROCEDURES FOR SUBDIVISIONS, AMENDING DIVISION 38.240 PART ONE TO INCORPORATE STATE LAW REFERENCES, AMENDING DIVISION 38.240 PART 2 TO REVISE REVIEW PROCEDURES TO COMPLY WITH REVISIONS TO STATE LAW AND REORGANIZE FOR CLARITY, AMENDING DIVISION 38.240 PART 3 LAND SUBDIVISIONS CREATED BY RENT OR LEASE TO REMOVE LANGUAGE NO LONGER REQUIRED IN STATUTE, AMENDING SECTION 38.240.300 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS CHAPTER PERTAINING TO SUBDIVISIONS AND THE STATE SUBDIVISION AND PLATTING 100 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 2 of 81 DRAFT ACT TO INCLUDE NEW STATE RESTRICTION ON COURT ORDERED DIVISIONS OF LAND, AMENDING SECTION 38.240.410 TO CLARIFY WHEN CERTIFICATE OF DEDICATION OR CONSENT ARE USED WITH A FINAL PLAT, AMENDING SECTION 38.240.450 TO CHANGE THE SIGNATORY ON THE CERTIFICATE OF COMPLETION OF IMPROVEMENTS TO THE CITY ENGINEER, AMENDING SECTION 38.240.460 TO CLARIFY THE INTENT AND SIGNATORY FOR THE CERTIFICATE ACCEPTING DEDICATIONS TO THE CITY, AMENDING SECTION 38.240.470 TO REVISE THE SIGNATORY FOR THE CERTIFICATE ACKNOWLEDGING EXCLUSION FROM REVIEW FOR SANTIATION, AMENDING SECTION 38.240.500 TO CLARIFY THE CERTIFICATE FOR USE OF THE CERTIFICATE FOR EXEMPTION FOR CERTAIN APPLICATIONS FROM REVIEW AS A SUBDIVISION, AMENDING SECTION 38.240.530 TO REVISE THE SIGNATORY FOR THE CITY ON THE CERTIFICATE, CREATE SECTION 38.240.540 CERTIFICATE OF GOVERNING BODY FOR APPROVAL OF A SUBDIVISION PLAT, AMENDING SECTION 38.250.080 SUBDIVISION VARIANCES TO CLARIFY THAT A PUBLIC HEARING IS NOT HELD ON SUBDIVISION VARIANCES, AMENDING SECTION 38.400.020 TO REVISE CROSS REFERENCE, AMENDING SECTION 38.410.060 TO REVISE REQUIREMENTS FOR AGRICULTURAL WATER USER FACILITIES, AMENDING SECTION 38.410.020 TO REVISE REVIEW PROCESS FOR NEIGHBORHOOD CENTERS, AMENDING SECTION 38.420.050 TO REVISE REVIEW PROCESS FOR SITING PARKS, AMENDING SECTION 38.420.080 TO REVISE REVIEW PROCESS FOR DETERMINATION OF PARK CHARACTERISTICTS PROPOSED WITH NEW DEVELOMPENT; AND PROVIDING AN EFFECTIVE DATE, APPLICATION 21338. 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 Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, after proper notice, the Bozeman Planning Board held a public hearing on [DATE] to receive and review all written and oral testimony on the proposed amendment; and WHEREAS, the Bozeman Planning Board recommended to the Bozeman City Commission that application No. 21338, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on [DATE], to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and 101 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 3 of 81 DRAFT WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-3-102 and 76-3-501, and found that the proposed amendments would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy. 4. The 2021 Montana Legislature passed multiple bills revising the requirements for the subdivision review process. 5. The City of Bozeman restructured its advisory boards on August 10, 2021 assigning duties and consolidating responsibilities to improve public engagement, consistency of process, and effectiveness and such advisory boards are referenced in the subdivision related regulations and therefore the regulations need to be updated to reflect the new boards structure. 6. A staff report analyzing the required criteria for an amendment to the City’s regulations for subdivision review, including accordance to the Bozeman Community Plan 2020, 102 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 4 of 81 DRAFT and required contents for local subdivision regulations has found that the required criteria of Montana Code Annotated §§ 76-1-606, 76-3-102, and 76-3-501 are satisfied. 7. The required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 8. The City Commission considered the application materials, staff analysis and report, Planning Board recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of this ordinance have been satisfied. 10. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. 11. The City Commission determines that the zoning provisions of Chapter 38, Unified Development Code, contain all necessary elements of MCA 76-8-107, and therefore the state provisions for Buildings for Lease or Rent are not applicable per MCA 76-8-103. 12. The City Commission determines that the adopted growth policy, Bozeman Community Plan 2020, and the zoning provisions of Chapter 38, Unified Development Code, contain all necessary elements to meet the requirements of MCA 76-3-616, and therefore subdivisions not including zoning variances are exempt from public hearings and therefore the noticing provisions for subdivisions require revision. 13. The City Commission determines that [SB161] establishes new procedural requirements for certain subdivisions which must be incorporated into local subdivision review procedures. 103 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 5 of 81 DRAFT Section 2 That Section 38.100.040 of the Bozeman Municipal Code be amended as follows: Sec. 38.100.040. Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare, including the purposes for subdivision and zoning in MCA 76-1-102, 76-1-606, 76-2-304, 76-3-102, and 76-3-501 as may be amended from time to time. Further, it is the purpose of these regulations to exercise to the fullest extent the authority of the City’s Charter, utility, and all other powers. by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter; regulating the subdivision, development and use of land; preventing the overcrowding of land; lessening congestion in the streets and highways; being in accord with the growth policy; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; securing safety from fire, panic, and other dangers; protecting the rights of property owners'; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (MCA 76-3-102). It is further the purpose of these regulations to: consider the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). C. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended to promote and to provide for the: 1. Orderly development of the city; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements; 4. Improvement of streets; 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 104 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 6 of 81 DRAFT 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development in harmony with the natural environment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the city into districts with uniformly applicable standards for development within each district; 15. Standards for the development and use of land; 16. Procedures for the review and approval for the development and use of land; and 17. Establishment of all other requirements necessary to meet the purposes of this chapter. D. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. C. This chapter has been evaluated for compliance with the growth policy as part of the process to adopt this chapter, and has been found to comply with the growth policy. Section 3 That Section 38.100.070 of the Bozeman Municipal Code be amended as follows: Sec. 38.100.070. Conditions of approval. A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated by the state to the city. Persons undertaking the subdivision, development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this chapter. B. Conditions of approval may not be added after final action to grant preliminary approval to a proposed subdivision or other development unless: 1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and 105 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 7 of 81 DRAFT 2. The project is not completed within the time period provided in the approval or by this chapter; or 3. The requirement is part of an improvements agreement and security for completion of required improvements prior to filing a final plat or other development. However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a subdivision or development, or necessary improvements) to a previously approved subdivision, development or condition of approval, the entire application must be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval must be reviewed through the same process as the original application. Final action includes the resolution of any appeals. The provisions of section 38.240.150 38.240.130.A.5.h may also apply to revisions of conditions for preliminary plats. C. Mandatory cCompliance with the explicit termsrequirements and procedures of this chapter or other duly adopted applicable law, standard, or procedure whether adopted by the City or other authority does not constitute a conditions of approval and is not affected by the limitations of subsection B of this section or other limitations on conditions of approval. Section 4 That Section 38.100.080 of the Bozeman Municipal Code be amended as follows: Sec. 38.100.080. Compliance with regulations required. A. No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof may hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development may commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. It is the obligation of the person proposing the development to demonstrate compliance with all applicable standards and regulations. B. To the extent reasonable, all city-owned land is subject to applicable regulations of the underlying zoning district. Section 5 That Section 38.200.010 of the Bozeman Municipal Code be amended as follows: Sec. 38.200.010. Review authority. A. The city commission has the authorityright to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain Commented [CS1]: Response to SB 174 106 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 8 of 81 DRAFT circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map; c. Requests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; f. Appeals from administrative interpretations and final project review decisions; g. Approval of preliminary park master plans when associated with a development for which the City Commission is the review authority; h. Large scale retail per section 38.360.160; i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E; j. Conditional use permits when no board of adjustment is established; k. More than two deviations or where deviation is for more than 20 percent of standard; l. Amendments to text or zoning map per division 38.260. 2. The city commission conducts public hearing for applications under 76-2-402, MCA. B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter. 1. Projects excluded from community development director review: Commented [CS2]: Moves final park plan review to the staff level similar to other final wrap up actions of Commission decisions, moves review of park plans to administrative review for administrative review projects. Commented [CS3]: Moved to City Engineer duties. Commented [CS4]: Duplicates 1.b 107 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 9 of 81 DRAFT a. Those applications specifically reserved to another approval authority as stated in this section; b. Development of city property which does not conform to all standards of this chapter; c. Any application involving variances from this chapter; 2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment. D. The city engineer must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes: 1. Site access and storm water for reuse and further development per section 38.230.160.B; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 3. The placement of private utility easements within public rights-of-way owned or controlled by the city; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; 6. Exceptions to storm water controls per section 38.410.080; 7. All modifications or proposed standards in section 38.400.010 except subparagraphsection 38.400.010.A.1, Relation to undeveloped areas; 8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per sections 38.400.060 Street improvement standards paragraphs. A and B.1—3; 9. Alternate curb return radii per section subparagraph 38.400.090.C.3; 108 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 10 of 81 DRAFT 10. Locations and modifications to drive accesses to public streets per sections paragraphs 38.400.090.G and H; 11. Street improvement standards and modifications departures therefrom per section 38.400.060; 12. Departures for street vision triangles per section 38.400.100; 13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per section paragraphs 38.540.020.D, F and J; 14. Protection of landscaped areas per section paragraph 38.550.050.H; 15. All actions required of the flood plain administrator per article 6 of this chapter; 16. Modifications in required completion time for subdivision improvements per section subparagraph 38.270.030.B.1; 17. The use of a financial guarantee for paving of streets per section paragraph 38.270.060.CB; 18. The waiver of required information per subparagraph section 38.220.080.A.2.i(3); 19. Requirement for a traffic impact analysis and determination of its contents per section subparagraph 38.220.120.A.2.c(5); 20. Specifications and modifications therefrom for paving of streets and parking areas; 21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and 22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply. 23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; 24. Accept and release easements and dedications of lands for streets, utilities, and other rights of way where the City of Bozeman is the holder of interest and independent of the procedures of 2.06 division 5. E. The director of public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 251. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070; 26. Provision of water rights as authorized in section 38.410.130; 327. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 428. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and Commented [CS5]: Now have the LRTP striping plan to guide, less policy issues. Commented [CS6]: Reduce number of documents needing to wait for commission action. Supports completion of administratively reviewed projects through solely administrative action. Commented [CS7]: Public Works reorganization changes responsibilities. Moves these duties to City Engineer. 109 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 11 of 81 DRAFT 529. Acceptable alternative sidewalk design or materials per section 38.400.080. FE. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes: 1. Ddetermine the classification of recreation pathwaystrails per section 38.420.110.D. 2. Approve final park plans. 3. Approve preliminary park plans when a development is subject to approval by the Director of Community Development 4. Accept and release easements and dedications of lands for parks, trails, and open spaces where the City of Bozeman is the holder of interest and independent of the procedures of 2.06 division 5. 5. Approval of use and calculations of cash-in-lieu of parkland amounts for development of property where the initial dedication of land per 38.420.020 has been provided; money to be paid is to address mitigation of recreation impacts above the minimum land dedication; and a park master plan has been approved for the park servicing the land to be developed. FG. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. GH. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. 110 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 12 of 81 DRAFT Section 6 That Section 38.220.030 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.030. Subdivision pre-application submittal materialsplan. A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat and must include: 1. Sketch map. A sketch map showing: a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with adjacent lot and tract lines. b. Location, name, width and owner of existing or proposed streets, roads and easements within the proposed subdivision; existing streets, roads and easements within adjacent subdivisions and tracts; and the name of street or road that provides access from the nearest public street or road to the proposed subdivision. c. Location of all existing structures, including buildings, railroads, power lines towers, and improvements inside and within 100 feet of the proposed subdivision. d. Zoning classification within the proposed subdivision and adjacent to it. The zoning proposed for the subdivision, if a change is contemplated and if an adjacent PUD is in place or proposed. 2. Topographic features. Topographic features of the proposed subdivision and adjacent subdivisions and tracts, including: a. A current U.S. Geological Survey topographic map at the largest scale available with the subdivision clearly outlined. b. Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of active faults. Include copies of any permits listed in section 38.220.020 that have been obtained for the project. 3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including: a. Location, size and depth of sanitary and storm sewers, water mains and gas lines. b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and storage facilities. 4. Subdivision layout. The proposed layout of the subdivision showing the approximate: a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot. 111 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 13 of 81 DRAFT b. Street location, right-of-way width, and name. c. Easement location, width and purpose. d. Sites to be dedicated or reserved as park, common open space or other public areas, with boundaries, dimensions and areas. e. Sites for commercial centers, churches, schools, industrial areas, multi-household units, manufactured housing community and uses other than single-household residences. 5. Development plan. An overall development plan indicating future development of the remainder of the tract, if the tract is to be developed in phases. 6. Name and location. A title block indicating the proposed name, quarter-section, section, township, range, principal meridian and county of subdivision. 7. Notations. Scale, north arrow, name and addresses of owners and developers, and date of preparation. 8. Variances. A list of variance requests which will be submitted with the application for preliminary plat application. 9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must be submitted with the pre-application and an explanation of why such information is not relevant or was previously provided.. The DRC is responsible for granting waivers, and the community development department staff must notify the developer in writing of any waivers granted from section 38.220.060 after the pre-application meeting or plan review. 10. Parks and recreation facilities. The following information must be provided for all land proposed to meet parkland dedication requirements: a. Park concept plan, including: (1) Site plan for the entire property; and (2) The zoning and ownership for adjacent properties; and (3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and (4) General description of land, including size, terrain, details of location and history, water features, and proposed activities; and (5) Description of trails or other recreational features proposed to connect the proposed park area to other park or open space areas. b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu review factors established by resolution of the city commission. 12. Affordable housing. Describe how the subdivision proposes to satisfy the requirements of division 38.380. Describe any intended use of 38.380 for creation of affordable housing with the subdivision. Commented [CS8]: Process step should not be in submittal requirements. 38.240.110 is the better location for the statement. 112 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 14 of 81 DRAFT 13. Wildlife. Describe key wildlife habitat issues that may be associated with proposed subdivision. Describe how the subdivision will consider fish and wildlife resources in the course of project design. Describe subdivision early planning suggestions from local FWP field biologists at FWP regional offices. This description should consider the following: a. The species of fish and wildlife, including those designated as species of concern, that use all or part of the project planning area (proposed subdivision site plus a one-half-mile radius around it) on a year-round, seasonal, or periodic basis. b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning area (e.g., water bodies and their associated riparian habitat, big game winter range, native grassland or shrub land habitats, areas used by black or grizzly bears). c. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both during construction and at full build-out, taking any applicable fish and wildlife habitat standards into account. 14. Waivers of right to protest. Include copies of or the recorded document numbers of all existing waivers of right to protest special improvement districts or maintenance districts which are applicable to the property proposed to be subdivided. 15. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous payment-in-lieu of water rights, groundwater certificates, statements of claim, provisional permits, decreed rights, canal or water users association shares etc. 16. Agricultural water user facilities. Identify the location of all agricultural water user facilities and the contact information for the facility user/representative. Section 7 That Section 38.220.040 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.040. Subdivision preliminary plat. A. The preliminary plat must be legibly drawn as specified in the application form provided by the community development department. Where accurate information is required, surveying and engineering data must be prepared under the supervision of a registered engineer or registered land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must include the following: 1. Pre-application information. All information required with the pre-application plan, as outlined in section 38.220.030. 113 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 15 of 81 DRAFT 2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single-household. 23. Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department. 34. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector streets. 45. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 56. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. 67. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse must be given. 78. Section corner. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 89. Phased improvements. If the required improvements are to be completed in phases after the final plat is filed, the approximate area of each phase must be shown on the plat. If a phase depends on improvements outside of a phase those improvements must be identified. 910. Contours. Ground contours must be provided for the tract according to the following requirements: Table 38.220.040 Where the average slope is: Contour intervals must be: Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used) Between 10 and 15 percent 5 feet Greater than 15 percent 10 feet 1110. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-application process must be submitted with the preliminary plat application. 1211. Request for exemption from department of environmental quality review. If the developer is proposing to request an exemption from the department of environmental quality for infrastructure plan and specification review, the preliminary plat application 114 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 16 of 81 DRAFT must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. 13. Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.100 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. Sec. 38.220.050. Preliminary plat supplements required for all subdivisions. AB. The following supplemental information must be submitted along with the preliminary plat. 1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads. 2. Subdivision map. Map of entire subdivision as specified on the application form provided by the community development department. 32.Non-compliance with standards. a. Variances. Provide Aa written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter). b. All others. Provide a written statement: describing any intended departure, deviation, modification, non-compliance or alternative compliance to any standard applicable to a subdivision review; providing a BMC citation to the authority authorizing the non-compliance; and providing the applicable criteria of review. 34. Noticing materials required by section 38.220.420. 45. Documents and certificates. Draft copy of the following documents, and certificates to be printed on or to accompany the preliminary plat: a. Covenants, restrictions and articles of incorporation for the property owners' association if covenants are proposed to ensure compliance with regulatory standards. b. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of-way or drive aisles intersect state, county or city highways, streets or roads. c. A letter of approval or preliminary approval from the city where a zoning change is necessary. cd. A draft of such other appropriate certificates. Commented [CS9]: Changes with the review process. Expedited subdivisions may not have anything other than direct code compliance. Commented [CS10]: Response to SB174 115 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 17 of 81 DRAFT de. Provision for maintenance of all streets (including emergency access), parks open spaces to meet requirements of 38.420 or 38.410.040or otherwise, storm water facilities, and other required improvements if not dedicated to the public, or if private. 56. Street profile sheets. Profile sheets for street grades greater than five percent. 67. Application and fee. Completed preliminary plat application form, with the original signatures of all owners of record or their authorized representatives, and the required review fee. If an authorized representative signs on behalf of an owner of record, a copy of the authorization must be provided. 8. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the county weed control district (district) in accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be submitted with the preliminary plat application. This plan must ensure the control of noxious weeds upon preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements. 9. Sanitation information. When the subdivision does not qualify for the certification established in section 38.240.100 the subdivider must provide the information regarding sanitation set forth in MCA 76-3-622. Section 8 That section 38.220.060 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.060. Additional subdivision preliminary plat supplements Documentation of compliance with adopted standards. A. The following list of preliminary plat application supplements information must also be provided for with all subdivisions preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per 38.240.110. The developer must include documentation of any waivers granted by the city after the pre-application meeting or plan review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, and the Montana Subdivision and Platting Act, and other applicable standards. The need for additional information is determined during the pre-application process. 1. Surface water. Commented [CS11]: Strike duplicative wording. Commented [CS12]: Same wording was relocated elsewhere. Commented [CS13]: Enable use of simplified subdivision review procedures created by 76-3-616 and SB161 116 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 18 of 81 DRAFT a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which may affect or be affected by the proposed subdivision including: (1) Natural water systems such as natural streams, creeks, stream/ditches, drainages, waterways, gullies, ravines or washes in which water flows either continuously or intermittently and has a definite channel, bed and banks. (2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs, irrigation or drainage systems. b. Description. (1) Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present use and time of year when water is present. (2) Describe proximity of proposed construction (such as buildings, sewer systems, streets) to surface waters. c. Water body alteration. Describe any existing or proposed streambank or shoreline alterations or any proposed construction or modification of lake beds, watercourses or irrigation ditches. Provide information on location, extent, type and purpose of alteration. Provide a revised floodplain analysis report, in compliance with article 6 of this chapter, as appropriate. d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter, then a delineation of the wetland meeting standards of Division 38.610 must be provided and the location of existing and proposed modifications to wetlands must be shown on an overlay of the proposed plat. must be shown on the preliminary and final plats. e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for the project. 2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat in compliance with Division 38.600 article 6 of this chapter. 3. Groundwater. a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. The high water table must be determined from tests taken during the period of major concern as specified in writing by the county environmental health department. Specific locations for test holes may also be determined by the county environmental health department. b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of groundwater and groundwater recharge areas. 117 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 19 of 81 DRAFT 4. Geology; soils; slopes. a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or seismic activity. b. Protective measures. Explain what measures will be taken to prevent or materially lessen the danger of future property damage or injury due to any of the hazards referred to in subsection A.4.a of this section. c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map, identify any slopes in excess of 15 percent grade. d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps may be copied without permission. However, enlargement of these maps could cause misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of five acres, and these soils reports were intended to alert developers to possible problems and the need for a more detailed on-site investigation. The developer must provide the following soil reports, which can be obtained from the NRCS: (1) The physical properties and engineering indexes for each soil type; (2) Soil limitations for utilities, building and site development, and water features for each soil type; (3) Hydric soils report for each soil type. If hydric soils are present, the developer must provide a wetlands investigation by a certified consultant, using the current Federal Manual for Identifying and Delineating Jurisdictional Wetlandsper Division 38.610; and (4) The developer must provide any special design methods planned to overcome the above limitations. e. Cuts and fills. Describe the location and amount of any cut or fill three or more feet in depth. These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. 5. Vegetation. a. Vegetation map. On a plat overlay or sketch map : (1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest or mixed forest. 118 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 20 of 81 DRAFT (2) Iidentify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to wind or water erosion. b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). c. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all developments as directed by the county weed control district (district) in accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must have any noxious weeds identified and their location mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan approved by the district for control of noxious weeds must be submitted with the preliminary plat application. This plan must ensure the control of noxious weeds upon preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements. 6. Wildlife. a. Species. Describe any endangered species or species of concern fish and wildlife which use the area affected by the proposed subdivision. b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical, significant or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare or endangered species or wetlands. c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife. cd. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas. de. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside wetlands marshland as undeveloped open space). ef. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on fish and wildlife with the state department of fish, wildlife and Parks (FWP). With the preliminary plat application, the developer must provide written documentation from FWP that: (1) Verifies that FWP has reviewed the proposed plat; (2) Lists any FWP recommendations; and (3) Outlines any mitigation planned to overcome any adverse impacts. 7. Historical features. 119 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 21 of 81 DRAFT a. Affected areas. Describe and locate on a plat overlay or sketch map any known or possible historic, paleontological, archaeological, or cultural sites, structures, or objects which may be affected by the proposed subdivision. b. Protective measures. Describe any plans to protect such sites or properties. c. Procedures. Describe procedures to be followed if any historic, paleontological, archaeological, cultural sites, structures or object are found on site during site preparation and construction. d. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on any historic features, and the need for inventory, study and/or preservation with the state historic preservation office (SHPO). The developer must provide written documentation from SHPO that: (1) Verifies that SHPO has reviewed the proposed plat; (2) Lists any SHPO recommendations; (3) Outlines any plans for inventory, study, and/or preservation; and (4) Describes any mitigation planned to overcome any adverse impacts. e. Preparation of information. Information on historical sites must be prepared by a qualified professional, including persons with a professional or educational background in history, architectural history, archaeology, art history, historic preservation, anthropology and cultural resource management. 78. Agriculture. When a proposed development is adjacent to land used for agricultural production. a. Number of acres in production and type of production. b. Agricultural operations in the vicinity, and other uses of land in the general vicinity. c. The productivity of the land. d. Whether or not the property is part of a viable farm unit, and whether the property was under production during the last regular season. ea. What measures will be taken, if any, to control family pets. fb. Fencing of agricultural land. Describe any existing fence lines around the subdivision development boundary which protect agricultural lands under an ownership other than of the developer, and describe any measure which will be taken to ensure that the owners of the subdivision development will share with the owner of the agricultural lands in the continued maintenance of the fence. 89. Agricultural water user facilities. a. Type, description, ownership and users of facilities. Commented [CS14]: Per Growth Policy if we annexed land it was already decided it was ok to take that land out of ag operations. 120 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 22 of 81 DRAFT b. Written documentation demonstrating active use of facilities, for example the delivery of non-potable water supplies for irrigation, conversion to stormwater facilities, or other use. If a facility is not being actively used nor intended to be used in the future, include a written plan for discontinuance including all documentation required pursuant to Montana Law. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana law. d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility. 910. Water and sewer. Provide an engineering design report and/or other documentation demonstrating that adequate water distribution systems and capacity, and sewage collection and disposal systems and capacity, exists or will be provided to serve the proposed subdivision consistent with the City’s adopted design standards and Chapter 40. a. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications, etc. b. The information needed to demonstrate proposed compliance with 38.270. Special care is needed when concurrent construction is proposed. 1011. Stormwater management. A stormwater management plan meeting the requirements of section 40.04.700 and the city's adopted stormwater master plan. 1112. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer must demonstrate that the land to be subdivided has access onto a legal street and the future streets will be consistent with the City’s adopted design standards, Article 34.4, the long range transportation plan, and other relevant standards. b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. cb. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with section 38.400.090. dc. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. ed. Dust. Describe provisions considered for dust control on alleys. 121 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 23 of 81 DRAFT fe. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion and who is proposed to provide the required maintenance. gf. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: (1) The report format must be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications and any mitigation techniques. (2) The report must include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; and (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the city engineer during the pre-application review, concept plan review, or informal project review. 122 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 24 of 81 DRAFT (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. hg. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. j. The information needed to demonstrate proposed compliance with 38.270. Special care is needed when concurrent construction is proposed. 1213. Non-Municipal Utilities. The developer must submit a copy of the subdivision plat to all relevant utility companies. With the preliminary plat, the developer must provide written documentation of the following: a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to for review, and include a copy of responses. b. Include a description of: (1) The method of furnishing electric, natural gas, cable TV, internet or telephone service, where provided. (2) Estimated timing of each utility installation. (3) The developer must provide a written statement from the utility companies that the proposed subdivision can be provided with service. 14. Educational facilities. With the preliminary plat, provide a written statement from the administrator of the appropriate school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. 1315. Land use. a. Indicate the proposed use and number of lots or spaces in each: (1) Residential area, single-household; (2) Residential area, multiple-household. Types of multiple-household structures and numbers of each (e.g., two or four unit structures); (3) Planned unit development (number of units); Commented [CS15]: PUD isn’t a plat land use type it is a review process. 123 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 25 of 81 DRAFT (34) Condominium (number of units); (5) Manufactured housing community (number of units); (46) Recreational vehicle park; (57) Commercial or industrial; and (68) Other (please describe). 1416. Parks and recreation facilities. The following information must be provided for all land used to meet parkland dedication requirements: a. Park plan. A park plan, including: (1) Site plan with one-foot contour topographic survey for the entire property; showing proposed developer installed improvements on the initial park plan and proposed future improvements on the future park plan, and phasing proposed if any, exact product specifications are not required; (2) Drainage areas; (3) Utilities within, serving, and adjacent to the property; (4) The zoning and ownership for adjacent properties; Existing or proposed utility easements within the property; (5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of watercourse setbacks and any permits from non-city agencies required to execute the proposed plan; (6) Park conceptual landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100 unless the parks department has adopted an alternate plan standard, showing the location and specific types and species of plants, shrubs, trees as well as grass seed mixes and the irrigation system including but not limited to identification of water source, points of connection, mains, laterals, valves, zones, and sprinkler heads; (7) General description of land, including size, terrain, details of location and history, water features, and proposed activities; (8) Trail design and construction showing compliance with adopted city standards and trail classifications; (9) The requirement for approval of the final park plan by the review authority with a recommendation from the city recreation and parks advisory board prior to any site work; (10) The requirement for a preconstruction meeting prior to any site work; (911) Appropriate sections from the design guidelines for city parks; Commented [CS16]: Manufactured homes are a type of SHR, therefore this is redundant. 124 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 26 of 81 DRAFT (102) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and responsibility for custom features or atypical designsall improvements; (113) If playground equipment will be provided with in initial installation by the subdivider, information including the manufacturer, installation data and specifications, installer, type of fall zone surfacing and age group intended for use; otherwise a general identification of proposed function; (124) Soils information and analysis; (135) A description of how the proposed park plan is consistent with the goals of the city's current long range parks plan for parks; (146) A description of how the proposed park will meet the recreational needs of the residents of the development; (157) The proposed manner of providing irrigation to the park including water source, amount of water expected to be consumed annually, and proposed manner of transfer of water facilities and rights to the city; and (168) A phase I environmental assessment of the area proposed to be transferred to the city or property owner's association. b. Park maintenance. (1) Maintenance information, including levels of maintenance, a maintenance schedule, and responsible parties; (2) Weed control plan, including responsible parties; and (3) Plan for garbage collection, snow removal and leaf removal including responsible parties. bc. Irrigation information. (1) An irrigation system map generally showing the locations and types of lines, including depth, water source, heads, electric valves, quick couplers, drains and control box; and (2) If a well will be used for irrigation, a certified well log must be submitted showing depth of well, gpm, pump type and size, voltage, water rights, etc. cd. Phasing. If improvements will be phased, a phasing plan must be provided including proposed financing methods and responsibilities. de. Cash-in-lieu and Improvements-in-lieu. If the development includes a proposal for cash-in-lieu or improvements-in-lieu of park a specific justification responding to the cash- in-lieu review factors established by resolution of the city commission. If improvements-in-lieu are proposed specific costs of proposed improvements and costs to install must be provided. Commented [CS17]: Adoption of park maintenance district makes this information no longer relevant. 125 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 27 of 81 DRAFT 1517. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all subdivisions containing a neighborhood center. 1618. Lighting plan. The following subdivision lighting information must be submitted for all new subdivisions development where lighting is proposed other than within the street right of way: a. For subdivision applications where lighting is required or proposed, l ighting plans must be submitted to the city for review and approval, and must include: (1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-foot illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter. (2) Description of the proposed equipment, including fixture manufacturer's cutsheets, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. (3) The lighting plan must be prepared, and certified for compliance with the city's design requirements and illumination standards, by a qualified lighting professional. Qualified lighting professionals include electrical engineers, architects, lighting designers and manufacturers representatives. (4) Lighting calculations may include only the illuminated areas; areas occupied by buildings or other nonlighted areas must be excluded from calculations. Proposed fixture locations, types, source of power, and demonstration of compliance with city lighting standards. b. When requested by the city, the applicant must also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the city's character. c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must only be made after city review and approval. 1719. Miscellaneous. a. Public lands. Describe how the subdivision will affect access to any public lands. Where public lands are adjacent to or within 200 feet of the proposed development, describe present and anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be preserved/enhanced. b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. Any such conditions must be accurately described and their origin and location identified. List any provisions that will be made to mitigate these hazards. Also describe any on-site or off-site land uses creating a nuisance. Commented [CS18]: Expectation is that anything within the ROW will be addressed through Engineering plan and specification review later. 126 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 28 of 81 DRAFT c. Wildlands-urban interface. Describe the subdivision's location within or proximity to the wildlands-urban interface (WUI) and ember zone designated by the most recent city-adopted hazard mitigation plan. Describe any hazard from the subdivision's proximity to the WUI. List any provisions that will be used to mitigate these hazards and reduce structure ignitability. 1820. Affordable housing. Describe how the subdivision will integrate with satisfy the requirements of division 38.380. The description must be of adequate detail to clearly identify those lots complying with designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. a. On all lots intended to comply with be used to satisfy the requirements of division 38.380, the allowable building envelope must be depicted. 19. A description of how the proposed subdivision advances the adopted growth policy. Section 9 That Section 38.220.070 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.070. Final plat. A. The following materials must be provided with each application for final plat approval. Materials must be provided in the number of copies and form established by the director of community development. 1. The developer must submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions or other demonstrations of compliance with standards have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 21. A letter from the city engineer certifying that the following documents have been received: a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan; and/or b. Approved and executed concurrent construction plan or improvements agreement. bc. Copy of the state highway access or encroachment permit where a street created by the plat will intersect with a state highway. 32. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 127 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 29 of 81 DRAFT 43. Final park plan. For all land used to meet parkland dedication requirements, a final park plan must be submitted to the city for review and approval prior to final plat. The final park plan must include all of the information listed in section 38.220.060.A.1516 and must include evidence of compliance with the installation requirements of division 38.270. 54. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. 65. Affordable housing. If the plat has used the provisions of division 38.380, Tthe developer must provide a description of how the subdivision has complied with division 38.380. The description must be of adequate detail to clearly identify those lots designated as subject to division 38.380 compliance requirements and to make the obligations placed on the affected lots readily understandable. 76. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must: a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. b. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. c. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. d. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. e. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. f. List all associated recorded documents and recorded document numbers. 128 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 30 of 81 DRAFT g. Include a tabulation of parkland credit for the entire subdivision and attributed to each lot. h. Include a tabulation of open space. i. List easements, including easements for agricultural water user facilities. 87. Documents. The following documents must accompany the final plat: a. A title report or certificate of a title abstractorsubdivision guarantee per MCA 76-3-612; b. Any covenants or deed restrictions relating to the subdivision; c. The security required pursuant to section 38.270.060, securing the future construction of any remaining private or public improvements to be installed; d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans. The subdivider must file copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer that all required improvements which have been installed are in conformance with the attached plans, with the city engineering division, of the department of public works and the city parks department. A statement must be included on the conditions of approval sheet stating where the plans can be obtained; e. If a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal right-of-way, a copy of the access or encroachment permit; f. A title report or certificate of a title abstractor subdivision guarantee for any off-site land intended to satisfy park dedication requirements. The subdivision guarantee must be dated no earlier than 30 calendar days prior to submittal.; g. Any deeds and real estate transfer certificate, or other documents for transfer of land and/or improvements to the city or the property owners' association or other entity; h. Any deeds or documents for transfer of water rights; including but not limited to all required state department of natural resources and conservation documentation, e.g. ownership update form, permit, groundwater certificate and/or change authorization; and i. Any other documents satisfying subdivision application approval required by the governing body to be filed or recorded. 9. For non-public improvements, the developer must provide certification by the architect, landscape architect, engineer or other applicable professional that all improvements, including, but not limited to, landscaping, ADA accessibility 129 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 31 of 81 DRAFT requirements, private infrastructure, and other required elements were installed in accordance with the approved plans and specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC. 8. The developer must submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Section 10 That Division 38.220 Part 2 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.300. General. When required, the supplementary documents described in this division, must be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block must be used. Sec. 38.220.310. Property owners' association. A. The City must approve the governing documents or amendments to the governing documents of a subdivision or other development if as part of the approval the city required the governing documents to include provisions that directly and materially address a condition of approval or other adopted standards related to the development including but not limited to 38.270.090. BA. When ApplicableGeneral. If the review authority determines a common area or open space, facility, or any other infrastructure is to be created or constructed as part of the development and such common area or open space, facility, or infrastructure is required to be either owned by or maintained by the property owners' association the developer must provide supplemental documents, as applicable, that (i) transfer ownership of common area, facility, or infrastructure to the property owners' association; (ii) provide for the perpetual maintenance of common area, facility, or infrastructure by the property owners' association; and (iii) identify if access to the common area open space or facility is available to the public or is restricted to the members of the property owners' association. Property owners' association bylaws or the declaration of covenants, conditions and restrictions must be prepared and recorded with the final plat or plan. CB. Bylaws or covenants, conditions and restrictions contents. The items listed below are required to be included in the property owners' association bylaws or declaration of covenants, conditions and restrictions and must be clearly identified within the documents. The covenants must at a minimum, provide: 130 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 32 of 81 DRAFT 1. The property owners' association will be formed before any properties are sold. 2. Membership is automatic and mandatory for each property or unit buyer and any subsequent buyer. 3. Means of enforcing the covenants, and of receiving and processing complaints. 4. Common area and facilities must be perpetually reserved. 5. The association is responsible for liability insurance, any applicable tax assessments and the maintenance of any common area or facilities. 6. Property or unit owners must pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. 7. The association may adjust the assessment to meet changed needs. 8. The conditions and timing of the transfer of ownership and control of common areas and facilities from the declarant to the association. 9. The permission of the city commission is required before the association can be dissolved or the boundaries altered. 10. Regular maintenance program for items included in section 38.270.090.A and any other common area and facilities and that the association is responsible for the maintenance program. DC. If the property owners' association fails to install or maintain improvements according to approved plans, the city may, at its option, complete construction of improvements and/or maintain improvements in compliance with section 38.220.320200 and division 38.270 of this chapter. The city's representative, contractors and engineers must have the right to enter upon the property and perform such work, and the property owners' association must permit and secure any additional permission required to enable them to do so. The city will bill the property owners' association for any costs associated with the installation or maintenance of improvements. D. For a multiphase project, the property owners' association must be created for the entire project with the first phase. E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all obligations no property may be removed from the property owners' association without prior approval by the city commission. Sec. 38.220.320. Covenants. A. The city may require covenants to be recorded with the final plat or condominium when it is determined they are necessary for the protection of the public health, safety and general welfare and compliance with conditions of approval or compliance with standards including but not limited to 38.270.090. Review of covenants must comply with section 131 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 33 of 81 DRAFT 38.240.150.A.3. All covenants must be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat or other final approval document, they must be contained in a separate instrument which must be recorded with the final plat or prior to final approval of other applications. The covenants may be required to include, but are not limited to, the following provisions: 1. That all county declared noxious weeds will be controlled as required in MCA Title 7, Chapter 22, Part 21. 2. A section addressing agricultural uses of neighboring properties in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." 3. That all fences bordering agricultural lands must be maintained by the landowners in accordance with MCA Title 70 Chapter 16 Part 2, Title 81 Chapter 4 Part 1, or other relevant state law. 4. That any covenant which is required as a condition of the preliminary plat approval or other development and required by the city commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants, and the city commission. 5. Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan consistent with 38.270.090 providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a property owners' association and, the applicant must record the proposed documents governing the association at the time of final plat filing. Creation of a special maintenance district satisfies this requirement. 6. Common area and facility maintenance guarantee and process. In the event the organization or any successor organization established to own and maintain common areas and facilities, must at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the city may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice must set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within 30 days thereafter and must state the date and place of a public meeting to be held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the city may enter upon such 132 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 34 of 81 DRAFT common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance must not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the commission must, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public meeting and give notice of such meeting to the organization responsible for maintenance or the property owners' of the development. At the meeting, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the city should not be continued for a succeeding year. If the city commission determines that it is not necessary for the city to continue such maintenance, the city must cease such maintenance at the time established by the city commission. Otherwise the city must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter. a. The cost of maintenance by the city must be a lien against the common facilities of the development and the private properties within the development. The city commission must have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment must be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The city may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. b. Should the property owners' association request that the city assume permanent responsibility for maintenance of facilities, all facilities must be brought to city standards prior to the city assuming responsibility. The assumption of responsibility must be by action of the city commission and all costs to bring facilities to city standards must be the responsibility of the property owners' association. The city may create special financing mechanisms so that those properties within the area affected by the property owners' association continue to bear the costs of maintenance. c. The city must assume permanent responsibility for maintenance of public areas and facilities when a dedicated funding mechanism is adopted. 7. Guarantee for open space preservation. Open space shown on the approved final plan or in the approved plat application must not be used for the construction of any structures not shown on the final plan. 8. Covenants may not contain provisions which inhibit compliance with the requirements of division 38.380, for those developments subject to division 38.380. Some examples are: privately required minimum home or lot sizes which cannot be met. 133 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 35 of 81 DRAFT 89. Covenants and condominium declaration documents must require condominiums to be assigned street addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or other generic statements. Draft documents submitted for review prior to final approval must include correct addresses. 910. Stormwater facilities maintenance as required by chapter 40 article 4 BMC. Section 11 That Section 38.220.420 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.420. Notice requirements for application processing. A. The following minimum standards for timing, location of noticing area and type of notice must be provided. 1. Noticing provisions are cumulative with the maximum combination of noticing requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required. Newspaper publications for public hearings follow the requirements of MCA 7-1-4127 in addition to the requirements of Table 38.220.420. 2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership. 3. Notice must be provided not less than 15 or more than 45 days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter. 4. Mail by first class or certified mail is to all landowners within 200 feet. 5. For all developments in Table 38.220.040 which require mailed notice, the applicant must provide a list of names and addresses of all property owners, including names and addresses of owners of individual condominiums, wholly or partially within 200 feet of the site. The list must be drawn from the most current known property owners of record as shown in the records of the county clerk and recorder's office. Where certified mail is required separate mailing labels may also be required. 6. The community development director will establish procedures for mailing notice. 7. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for duplication not less than four days prior to the notice period. The notice must be distributed such that notices are submitted to the United States Postal Service at least two days before the beginning of the notice period. The return address on the envelopes must be the mailing address established by the community development director. 134 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 36 of 81 DRAFT B. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing or other public comment opportunity, or if one or more of the required posted signs in the area or on the site for which the public hearing or other public comment opportunity is being held is inadvertently moved through no fault of the city, this in no way invalidates the legal notice requirements of the scheduled public hearing or other public comment opportunity. C. Notice may also be provided to property owners' in any additional area that may be substantially impacted by an application the proposed change or use as determined by the community development director. The community development director may use other means in addition to posting, mailing, or publication to provide notice. D. Notice is not required for final plans and final plats. D. 1. For all developments in Table 38.220.040 which require mailed notice, the applicant must provide a list of names and addresses of all property owners, including names and addresses of owners of individual condominiums, wholly or partially within 200 feet of the site. The list must be drawn from the most current known property owners of record as shown in the records of the county clerk and recorder's office. Where certified mail is required separate mailing labels may also be required. 2. The community development director will establish procedures for mailing notice. 3. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for duplication not less than four days prior to the notice period. The notice must be distributed such that notices are submitted to the United States Postal Service at least two days before the beginning of the notice period. The return address on the envelopes must be the mailing address established by the community development director. Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice. Application Minimum Days12 Maximum Days12 Distance1 Notice Type Text amendment 15 45 NA Newspaper once Zone Map Amendment2 - rezoning or with annexation 15 45 200 Newspaper once, post on-site, mail 1st class Zone Map AAmendment2 - Resulting from ordinance changes 15 45 None Newspaper once ZMA2 - Annexation w/ initial zoning 15 45 None Newspaper once, post 135 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 37 of 81 DRAFT on-site, mail 1st class Variance -– Floodplain and, zoning, and subdivision 15 45 200 Newspaper once (zoning 2 times), post on-site, mail 1st class Noticing for 76-2-402, MCA claims 15 45 None Newspaper 2 times, post on-site Deviation 15 45 200 Newspaper 2 times, post on-site, mail 1st class Appeals of Administrative Project Decisions3 15 45 2003 Newspaper 2 times, post on-site, mail 1st class Appeals of Administrative Interpretations None Newspaper Sketch plan/reuse/change in use/further development None None None None Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. Sketch plan4 15 45 None Post on-site Informal/concept plan None None None None Preliminary site plan and master site plan 15 45 200 Post on-site, mail 1st class Preliminary Planned Unit Development5 15 45 200 Newspaper 2 times, post Commented [CS19]: Duplicative to ZMA in general. 136 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 38 of 81 DRAFT on-site, mail 1st class Preliminary Conditional Use Permit6 / Special Use Permit13 15 45 200 Newspaper 2 times, post on-site, mail 1st class Floodplain permit 15 45 200 Newspaper, mail 1st class Certificate Of Appropriateness7 None None None None Final site plan None None None None Final PUD plan None None None None Final CUP plan None None None None Subdivision exemption None None None None Subdivision subject to 76-3- 616 including subdivision variances 200 Post on-site, mail 1st class Subdivision subject to [SB161] including subdivision variances 200 Newspaper , post on-site, certified mail to adjacent owners, mail 1st class all others 1st minor subdivision without variance - preliminary plat/ Extensions of subdivision approvals beyond two years 15 45 200 Mail 1st class 1st minor subdivision with variance/2nd minor/major subdivision/expedited subdivision - Preliminary plat 15 (Planning Board) 45(Commission) 200 Newspaper8 , post on-site, mail 1st class9 , 137 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 39 of 81 DRAFT certified mail10 Final plat None None None None Notice of violation per 38.200.16011 15 45 None Post on-site, cCertified mail to landowner Notes: 1. The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership. 2. Zone map amendment, division 38.260 of this chapter. 3. Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations. 4. Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. 5. Planned unit development, division 38.430 of this chapter. 6. Conditional use permit, division 38.230 of this chapter. 7. Certificate of appropriateness, division 38.340 of this chapter. 8. When newspaper notice is required the notice must be published in a newspaper of general circulation. reserved 9. Mail by first class to all landowners within 200 feet except those subject to certified mail. When a condominium includes land within the 200 foot distance all owners in the condominium are included in the noticing, not only those units within 200 feet. 10. Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the subdivider. reserved 11. Notices of violation subject to section 38.200.160. 12. Days prior to the close of the public comment period or public hearing unless otherwise specified in this chapter. 13. Special use permit, section 38.230.120 of this chapter. 138 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 40 of 81 DRAFT Section 12 That Division 38.240 Part 1 of the Bozeman Municipal Code be amended as follows: DIVISION 38.240. SUBDIVISION PROCEDURES Part 1. Subdivision and Platting Administrative Procedures Sec. 38.240.010. Transfers of title. A. Unless the plat is located in an area where the state or the city does not have jurisdiction, no transfer of title may occur except as allowed in MCA 76-3-301, 76-3-302, and 76-3-303. every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. After a preliminary subdivision plat has been approved or conditionally approved, the developer may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met: 1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision must make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the state; 2. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the developer until the final plat of the subdivision is filed and of record with the county clerk and recorder; 3. The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within two years of the preliminary plat approval, the escrow agent must immediately refund to each purchaser any payment made under the contract; 4. The county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent; and 5. The contracts must contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property cannot be transferred in any manner." B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the county clerk and recorder may not record any instrument that purports to transfer title to a parcel or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) unless the required certificate of survey or subdivision plat has been filed with the county clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and the 139 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 41 of 81 DRAFT instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by documents that, if recorded, would otherwise satisfy the requirements of this subsection B. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973. However, these references or documents do not constitute a legal description of the property and may not be substituted for a legal description of the property. Sec. 38.240.020. Effect of recording complying plat. The recording of any plat made in compliance with the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) has the effects established in MCA 76-3-304. serves to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk and recorder as being a true copy thereof, must be regarded as incorporated into the instrument of conveyance and must be received in evidence in all courts of this state. Sec. 38.240.030. Correction of errors, amendments or vacation of recorded final plats. A. Correction of errors. Correction of errors by private parties that, in the opinion of the city, will not materially alter the plat may be made by the submission of a corrected final plat for the city's approval per 38.240.160. The plat may be filed under the procedures for first minor subdivision plats. The plat must be entitled "amended plat of the (name of subdivision) subdivision," and the reason for the correction must be stated on the face of the plat. B. Material alterations. Amendments that materially alter the final plat, or any portion thereof, must be made by the filing of an amended plat showing all alterations. The amended plat must be approved by the city under the major or minor subdivision review procedure as if it were a new application, as is appropriate. Prior to such approval, the amended plat must be reviewed by the community development department. The city may not approve an amendment which will place the plat in nonconformance with any applicable the standards contained herein unless a public hearing is held on the plat and a written variance from the standards approved issued pursuant to the procedures contained herein for such variances is granted. The plat must be entitled "amended plat of (the name) subdivision," and the reason for the amendment must be stated on the face of the plat. C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as provided by MCA 76-3-305. by MCA 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the city, or the district court, as provided in MCA 7-5-2502, must determine to which properties the title to the streets and alleys of the vacated portions must revert. The city, or the district court, as provided in MCA 7-5-2502, must take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners' regarding the use of the vacated 140 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 42 of 81 DRAFT area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions. 1. Utility easements. When any poleline, pipeline or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public or private utility facility. Sec. 38.240.040. Correction of recorded plat by governing body. When a recorded plat does not definitely show the location or size of lots or blocks, or the location or width of any street or alley, the city may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey must endorse the corrected plat referring to the original plat, and noting the defect existing therein and the corrections made.Under the circumstances set in MCA 76-3-614 the City Commission may require correction of a recorded plat. Sec. 38.240.050. Disposition of water rights. A. When a subdivision creates parcels with lot sizes averaging less than five acres, the developer must address disposition of water rights as required in MCA 76-3-504.: 1. Reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by the landowners within the subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land; 2. If the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or 3. Reserve and sever all surface water rights from the land proposed for subdivision. 141 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 43 of 81 DRAFT Section 13 That Division 38.240 Part 2 of the Bozeman Municipal Code be amended as follows: DIVISION 38.240. SUBDIVISION PROCEDURES Part 2. Review Procedures for Subdivisions Sec. 38.240.100. General review procedure. Every plat of subdivision must be reviewed, approved by the City Commission and filed for record with the county clerk and recorder in accordance with the procedures contained herein before title to the subdivided land can be sold or transferred in any manner. The applicant must identify the review procedure they intend to use as part of the initial application for preliminary plat-. Subdivisions containing six or more lots are considered major subdivisions. A subdivision containing five or fewer lots, in which proper access to all lots is provided and in which no land is to be dedicated to public use for parks and playgrounds, is a minor subdivision. Subdivision Type Pre-application Review Required Element and Sufficiency Review Required Preliminary Plat Review Period After Sufficiency Public Hearing Held By Expedited Subdivision per [SB161] All Type Yes Yes 35 working days City Commission Subdivisions Subject to 76-3-616 1st Minor Yes Yes 35 working days None 2nd or Subsequent Minor Yes Yes 60 working days None Major – 6-50 lots Yes Yes 60 working days None Major >50 lots Yes Yes 80 working days None Phased Development Per 76-3-617 MCA Any Type Yes Yes 30 working days City Commission Commented [CS20]: Decision point. Could be Planning Board doing the public hearing for SB161 but that complicates the record development for the review. Commented [CS21]: Specific requirement from 76-3-617 142 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 44 of 81 DRAFT Sec. 38.240.110. Presubmittal meeting and pPre-application plan review. A. The purpose of a pre-application plan review is to discuss this chapter and these other applicable standards, to familiarize the developer with the standards, goals and objectives of applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters. 1. Minor All subdivisions. Prior to the submittal of a subdivision application for a minor subdivision, the developer must submit an application for subdivision pre-application review. 2. Major subdivisions. Prior to the submittal of a subdivision application for a major subdivision, the developer must submit an application for subdivision pre-application review. The developer is encouraged to have a presubmittal meeting with the community development department prior to submitting a subdivision pre-application. 23. Pre-application plan review. For subdivision pre-application review, the developer must submit a complete application for pre-application plan review, the appropriate review fee, and copies of all required pre-application information as set forth in section 38.220.030. a. Community development department City review. The community development department coordinates the review within the City and with outside agencies. must review the pre-application plan and advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chapter. (1) Agency review. The community development department will distribute the pre-application information to appropriate county and city departments and state and federal agencies for review and written comment. All written comments received from various agencies, along with the community development department's comments regarding whether the plans and data meet the standards, goals and objectives of applicable plans, ordinances, and this chapter, and for informational purposes identification of local regulations, state laws, and growth policy provisions that may apply to the subdivision process, will be forwarded to the applicant to aid in the preparation of the subdivision application. The community development department must provide a list of the public utilities, agencies of government, and other parties who may be contacted and their timeframes for comment on the subdivision application. The comments collected by the community development department must be provided in person or by letter to the subdivider or their agent within 30 working days of a complete application being received by the city. The 30 working day review period is met if the letter is dated, signed and placed in the outgoing mail within the 30 working day review period. (2). The applicant may request a waiver from information required to be submitted with a preliminary plat. In order to be granted a waiver the applicant must include with the submission of the subdivision pre- 143 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 45 of 81 DRAFT application a written statement describing the requested waiver and the reasons upon which the request is based. All waivers must be initially identified with the pre-application stage of review. The DRC is responsible for granting waivers, and the community development department staff must notify the developer in writing of any waivers granted from section 38.220.060 after the pre-application review. Information not waived at the time of pre-application must be provided with the preliminary plat application. (32) Time for review. The community development department must review the pre-application plan and within 30 working days advise the developer as to whether the plans and data meet the goals and objectives of applicable plans and this chapter. Every effort must be made by the community development department to obtain department and agency comment within this time period. b. Optional planning board review. If the developer so wishes, the developer may request in writing that the planning board review pre-application plans. The letter of request and additional copies of the pre-application materials are required for this optional review. (1) The request must be received at least 320 working days prior to the planning board meeting at which it is to be considered. The application will be submitted to the planning board at their next available meeting. A copy of the approved minutes of the planning board meeting will be forwarded to the developer. Comments are advisory and are not binding or limiting on the City’s review of any subsequent subdivision application. c. Time for follow-up submittal. A complete subdivision preliminary plat application must be submitted to the community development department within one calendar year of the date the planning office dates, signs and places the letter in the outgoing mail or sends the letter via electronically mail. d. The property owner will not receive No formal written notification on the acceptability or adequacy of a subdivision pre-application plan submittal is provided. Written comments as to applicability of standards, requested waivers, required corrections, and procedures will be provided at the conclusion of the review. Written comments may be provided electronically. Sec. 38.240.120. Concurrent Montana Subdivision and Platting Act and Sanitation and Subdivision Act review. For Sanitation and Subdivision Act review, the developer has the option of submitting a state department of environmental quality (DEQ)/local government joint application form in the place of a preliminary plat application form, and to request concurrent subdivision review by the state department of environmental quality and the city, pursuant to MCA 76-4-129. Subdivisions 144 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 46 of 81 DRAFT granted the exemption from sanitation review authorized in MCA 76-4-127 do not need to use this provision. Sec. 38.240.130. Preliminary plat – All Subdivisions Agency Review. A. After the requirement for a pre-application review has been satisfied, the developer may submit a subdivision application within one year of the date of the city's written comments as required by section 38.240.110.A.3.a(2). Subdivision applications must be submitted, along with the appropriate review fee and all required subdivision application information as set forth in division 38.220 of this chapter to the community development department and must conform to the requirements of this chapter. The preliminary plat must be prepared by a surveyor licensed to practice in the state. 1. Acceptability and adequacy Element and sufficiency review of application. The City shall complete the review for required elements and sufficiency as required in MCA 76-3-604. The working days specified in 76-3-604 are met if the written communication is dated and placed in the outgoing US mail, or sent electronically, within the required time. The time limits in subsections 1.a and b of this section apply to each successive submittal of the application until a determination is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified. a. The community development department must review a subdivision application within five working days of receipt of the application and applicable fee. A subdivision application is considered to be received on the date of delivery to the reviewing agency if it is accompanied by the applicable review fee. An application is acceptable only if it contains all of the information required by this chapter. If the application is unacceptable, the application, and a written explanation of why the application is unacceptable will be returned to the subdivider. If the application is acceptable the subdivider must be so notified. The property owner may designate in writing another party to receive notifications regarding acceptability. The five working day review period is met if the letter is dated, signed and placed in the outgoing mail within the five working day review period. If the applicant chooses to withdraw the application, the applicant may request a refund if procedures for such have been created in the administrative manual adopted by the director of community development. Subsequent resubmittal must require payment of a review fee as if it were a new application. b. After the application is deemed acceptable it must be reviewed for adequacy. The review for adequacy must be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period begins on the next working day after the date that the community development department determines the application is acceptable and sends the required notice to the subdivider; and must be completed within not more than 15 working days. The 15 working day review period is met if the letter is dated, signed and placed in the outgoing mail within Commented [CS22]: Divided review process into more sections so easier to find major steps 145 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 47 of 81 DRAFT the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider. If the application is adequate the subdivider must be so notified. The property owner may designate in writing another party to receive notifications regarding adequacy. (1) The City must notify the applicant if required information is missing from the application. In the event the missing information is not received by the city and the applicant has not provided an alternate schedule for timely submittal of the required information within 15 30 working days of notification to the subdivider of inadequacy, the City may declare the application unreviewable and terminate the review. all application materials except the city's file record copy must be returned to the subdivider or their representative. Subsequent resubmittal will require payment of a review fee as if it were a new application. (12) A determination that an application is adequate does not restrict the city from requesting additional information during the subdivision review process. A determination of adequacy establishes the applicable review criteria as specified in section 38.200.080.A. c. At the time of the pre-application review, Tthe DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials must be provided before review is completed. 2. Review by affected agencies. After an application is deemed acceptable, the community development department may submit copiesprovide the contents of the preliminary plat and supplementary information to relevant public utilities and public agencies for review and comment, and for major subdivisions to the planning board for its advice pertaining to the approval or denial of the subdivision application. Review by public agencies or utilities must not delay the city commission's consideration of the subdivision application beyond the statutorily specified review period. If the community development department must request review by a public utility, agency of government, and other parties regarding the subdivision application that was not identified during the pre-application review the community development department must notify the subdivider. 38.240.140 Subdivision Notice and Public Comment A. All subdivisions require notice and opportunity for public comment. Not all subdivisions require a public hearing. Notice of subdivision is provided as required in 38.220 Part 3. a1. Public testimony. All written public comment received at or prior to a public hearing or during a public comment period must be incorporated into the written record of the 146 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 48 of 81 DRAFT review. Minutes or a recording must be taken of verbal comment received during any public hearing or public meeting. and incorporated into the written record of the review. 3. Planning board review. At a regularly noticed public meetinghearing, the planning board must reviews all major subdivision applications as identified in 38.240.100, together with required supplementary plans and information, and determines whether the plat is in compliance with the city's growth policy. The planning board must hold a public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning board has delegated its review of all minor subdivisions from a tract of record to the community development director. a. Public testimony. All written public comment received at or prior to a public hearing must be incorporated into the written record of the review. Minutes must be taken of verbal comment received during the public hearing or public meeting before the planning board and must be incorporated into the written record of the review. Copies of the minutes and written comments must be included in any recommendation made to the city commission by the planning board. b. Planning board recommendation. Within ten working days of their review, the planning board must submit in writing to the city commission its advice regarding compliance with the city's growth policy, and a recommendation for approval, conditional approval or denial of the subdivision application. 4. If an applicant proposes a phased subdivision per 76-3-617 MCA additional public notice and hearing consistent with 76-3-617 MCA must be conducted. 4. Community development director review. The community development director must review all minor subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the city's growth policy. The community development director must make a written recommendation including a summary of the agency review and analysis of the review criteria established in this chapter and a recommendation for approval, conditional approval or denial of the subdivision application. a. Public testimony. All written public comment received during the community development director's review must be incorporated into the written record of the review. Copies of written comments must be included in any recommendation made to the city commission by the community development director. 5.38.240.150 City commission review and action. A. The city commission must review and take action on all proposed subdivisions. 1a. The following general review requirements for a public hearing or a public meeting, and for statutory review periods, per 38.240.100 must be met.: 147 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 49 of 81 DRAFT 2. The city commission must determine whether public comments or documents presented at or prior to the City Commission’s consideration of a plat constitutes new information as required in MCA 76-3-615. (1) First minor subdivision created from a tract of record. The city commission must consider the subdivision application and the community development director's recommendation during a regular public meeting of the commission. The city commission, when legal and physical access is provided to all lots must approve, conditionally approve or deny the subdivision application of a first minor subdivision within 35 working days of the determination that the application is adequate, unless there is a written extension from the developer for a period not to exceed one year from the date the application was determined to be adequate. A minor subdivision must be reviewed as a second or subsequent minor subdivision if the tract has been previously subdivided or created by a subdivision; or the tract has descended from a tract of record which has previously been divided by exemption or other means into 6 or more tracts of record since July 1, 1973. 3. (a) Variance requests for minor subdivisions. If the developer of a minor subdivision is requesting a variance from any requirement of this chapter, the procedures of section 38.250.080 must be followed except that a public hearing must not be held. (2) Subdivisions eligible for summary review. The city commission must consider the application and the community development director's recommendation during a regular public meeting of the commission. The city commission must approve, conditionally approve or deny a proposed subdivision that is eligible for summary review within 35 working days of determination that the application is adequate, unless there is a written extension from the developer. TheA written extension to the required review period may not exceed one year. Minor subdivisions are eligible for summary review if the plat has been approved by the state department of environmental quality whenever approval is required by MCA 76-4-101 et seq. (3) Second or subsequent minor subdivision created from a tract of record. For the second or subsequent minor subdivision created from a tract of record, the city commission must hold a public hearing on the subdivision application. The city commission must approve, conditionally approve or deny the subdivision application of a second or subsequent minor subdivision within 60 working days of the determination that the application is adequate for review, unless there is a written extension from the developer, not to exceed one year from the date the application was determined to be adequate. (4) Major subdivisions. For a major subdivision, the city commission must hold a public hearing on the subdivision application. The city commission must 148 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 50 of 81 DRAFT approve, conditionally approve or deny the subdivision application within 60 working days of the determination that the application is adequate for review if the subdivision has less than 50 lots, and within 80 working days of the determination that the application is adequate for review if the subdivision has 50 or more lots, unless there is a written extension from the developer, not to exceed one year from the date the application was determined to be adequate. (5) Public testimony. All written public comment received at a public meeting or public hearing prior to a decision to approval, approve with conditions, or deny a subdivision application must be incorporated into the written record of the review. Minutes must be taken of verbal comments received during the public hearing before the city commission and must be incorporated into the written record of the review maintained by the city. (6) New and credible information. The city commission must determine whether public comments or documents presented to the city commission at a public hearing regarding a subdivision application held pursuant to section 38.240.130.A.5 constitute: (a) Information or analysis of information that was presented at a public hearing held pursuant to section 38.240.130.A.5 that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or (b) New information regarding a subdivision application that has never been submitted as evidence or considered by either the city commission, planning board or by city staff at a hearing during which the subdivision application was considered. (c) If the city commission determines that the public comments or documents constitute new information not previously considered at a public hearing, the city commission may: (i) Approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or (ii) Schedule or direct its agent or agency to schedule a subsequent public hearing before the city commission for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision. (iii) In deciding whether the information is both new and credible the city commission must consider: 149 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 51 of 81 DRAFT (A) Whether the topic of the information has previously been examined or available for examination at a public hearing on the subdivision application; (B) Whether the information is verifiable, and if applicable developed by a person with professional competency in the subject matter; (C) Whether the information is relevant to a topic within the jurisdiction of the city. (d) If a subsequent public hearing is held to consider new and credible information, the 60 working day review period required in section 38.240.130.A.5 is suspended and the new hearing must be noticed and held within 45 working days of the governing body's determination to schedule a new hearing. After the new hearing, the otherwise applicable time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision. B.b. Criteria for city commission action. The basis for the city commission's decision to approve, conditionally approve or deny the subdivision must be whether the subdivision application, public hearing if required, planning advisory boards and agencies advice and recommendation and additional information demonstrates that development of the subdivision complies with this chapter, the city's growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The city commission may not deny approval of a subdivision based solely on the subdivision's impacts on educational services; or based solely on parcels within the subdivision having been designated as wildland-urban interface parcels by the most recent city-adopted hazard mitigation plan and its supporting documentation. When deciding to approve, conditionally approve or deny a subdivision application, the city commission must: 1.(1) Review the preliminary plat, together with required supplementary plans and information, to determine if it meets the requirements of this chapter, the development standards and policies of the city, the city's growth policy, the Montana Subdivision and Platting Act, and other adopted state laws and local ordinances, including but not limited to applicable zoning requirements. 2.(2) Consider written comments from appropriate public agencies, utilities or other members of the public. 3.(3) Consider the following: Commented [CS23]: Existing State prohibition, don’t repeat here as it is unnecessary to restate 150 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 52 of 81 DRAFT (a.) Relevant evidence relating to the public health, safety and welfare; (b.) Other regulations, code provisions or policies in effect in the area of the proposed subdivision; (c.) The recommendation of the advisory bodies; and (d.) Any relevant public commenttestimony. e. Individual phases, existing conditions, and changed circumstances for any phase reviewed under 76-3-617 MCA. 4.(4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the certification established in section 38.240.170100 the city commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to section 38.220.050.A.9. or public comment received pursuant to MCA 76-3-604 on the information provided pursuant to section 38.220.050. A conditional approval or denial must be based on existing subdivision, zoning, or other regulations that the city commission has the authority to enforce. 5.(5) The city may not approve a proposed subdivision if any of the features and improvements, including well isolation zones, of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under Title 76, chapters 3 or 4, MCA., or if the well isolation zone of any proposed well to be drilled for the proposed subdivision encroaches onto adjoining private property unless the owner of the private property authorizes the encroachment. For the purposes of this section, "well isolation zone" has the meaning provided in 76-4-102, MCA. c. City commission action. If the city commission denies or conditionally approves the subdivision application, it must forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for disapproval or enumerating the conditions that must be met to ensure approval of the final plat. This written statement must include: (1) The reason for the denial or condition imposition; (2) The evidence that justifies the denial or condition imposition; and (3) Information regarding the appeal process for the denial or condition imposition. dC. Mitigation. The city commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this chapter. The city commission must issue written findings to justify the reasonable mitigation required by this chapter. The city commission may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the Commented [CS24]: Duplicates the following section D on Findings of Fact 151 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 53 of 81 DRAFT plat. When requiring mitigation under this subsection, the city commission must consult with the developer and must give due weight and consideration to the expressed preference of the developer. eD. Findings of fact. Within 30 working days of the final action to approve, deny, or approve with conditions a subdivision, the city commission must issue written findings of fact as required in 76-3-620 that discuss and weigh the following applicable criteria, as applicable ( pursuant to MCA 76-3-608, 76-3-616, and [SB161 reference]): as well as compliance with other laws and regulations applicable to the subdivision. 1.(1) Criteria. a.(a) Compliance with the survey requirements of the Montana Subdivision and Platting Act; b.(b) Compliance with this chapter and the review process of these regulations; c.(c) The provision of easements to and within the subdivision for the location and installation of any necessary utilities; d.(d) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel; and e.(e) For major subdivisions other than expedited or otherwise exempt subdivisions, the findings of fact must also address the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety. (2) Required components. The written findings of fact must contain at a minimum: (a) Information regarding the appeal process for the denial or imposition of conditions; (b) The regulations and statutes used in reaching the decision to deny or impose conditions and explains how they apply to the decision; (c) The facts and conclusions that the governing body relied upon in making its decision to deny or impose conditions. The documents, testimony, or other materials that form the basis of the decision and support the conclusions of the governing body may be incorporated into the written findings by reference. (3) Federal or state governmental entity input. If a federal or state governmental entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the Commented [CS25]: Already incorporated by earlier reference to 76-3-620. 152 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 54 of 81 DRAFT comment or opinion may be included in the governing body's written statement under this section only if the comment or opinion provides scientific information or a published study that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the subdivision application must disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection. hF. Changes to conditions after approval. Upon written request of the developer, the city commission may amend conditions of subdivision application approval where errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal are subject to the provisions of section 38.100.070. (1) The written request must be submitted to the community development department. (2) The written consent of all purchasers of land (via contract for deed, etc.) must be included with the written request to amend conditions. (3) If it is an application for a major subdivision, the city commission must conduct a public hearing on the request. If it is an application for a minor subdivision, the city commission must consider the request at a regularly scheduled meeting. (a) If a public hearing is held, public notice of the hearing must be given in accordance with this chapter. (4) The city commission may approve the requested change if it meets the criteria set forth in this chapter. (5) The city commission must issue written findings of fact as required in this chapter. 38.240.160. Duration of Approval Af. Initial subdivision application approval period. Upon approving or conditionally approving a subdivision application, the city commission must provide the developer with a dated and signed findings of fact and order. This initial approval must be in force for not more than: 1.(1) One calendar year for minor subdivisions; 2.(2) Two calendar years for single-phased major subdivisions; and 3.(3) Three calendar years for multi-phased major subdivisions after the date of the findings of fact and order. Commented [CS26]: F and g as new shared section re approval duration 153 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 55 of 81 DRAFT 4. At the end of thise period, the city may, at the written request of the developer, extend its approval for a mutually agreed-upon period of time. 5. Subdivisions reviewed under 76-3-617 MCA may not exceed a cumulative period for all phases to exceed 20 years. Bg. Extensions of preliminary plat approval period. Any mutually agreed upon extension must be in writing and dated and signed by the subdivider or their authorized agent and by the city commission or their authorized agent. More than one extension may be requested for a particular subdivision. Each request is considered on its individual merits. An extension of the subdivision approval under this chapter does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. Review authority for extensions is established in division 38.220. When evaluating an extension request, the city must consider: 1.(1) Changes to the development regulations since the original approval and whether the subdivision as originally approved is substantially compliant with the new regulations; 2.(2) Progress to date in completing the subdivision as a whole and any phases, including maintenance of the remainder of the site in good condition; 3.(3) Phasing of the subdivision and the ability for existing development to operate without the delayed development; 4.(4) Dependence by other development on any public infrastructure or private improvements to be installed by the subdivision; 5.(5) Demonstrated ability of the subdivider to complete the subdivision; 6.(6) Whether mitigation for impacts of the subdivision identified during the preliminary plat review and findings of fact and order remain relevant, adequate, and applicable to the present circumstances of the subdivision and community. h. Changes to conditions after approval. Upon written request of the developer, the city commission may amend conditions of subdivision application approval where it can be found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal are subject to the provisions of section 38.100.070. (1) The written request must be submitted to the community development department. (2) The written consent of all purchasers of land (via contract for deed, etc.) must be included with the written request to amend conditions. (3) If it is an application for a major subdivision, the city commission must conduct a public hearing on the request. If it is an application for a minor 154 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 56 of 81 DRAFT subdivision, the city commission must consider the request at a regularly scheduled meeting. (a) If a public hearing is held, public notice of the hearing must be given in accordance with this chapter. (4) The city commission may approve the requested change if it meets the criteria set forth in this chapter. (5) The city commission must issue written findings of fact as required in this chapter. Sec. 38.240.170140. Notice of certification that water and waste services will be provided by local government. A. If the developer is proposing to request an exemption from the department of environmental quality (DEQ) for infrastructure plan and specification review, the subdivision application must include a written request from the developer's professional engineer, licensed in the state, that indicates the intent to request the exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the written request. The director of public works city engineer must, prior to final plat approval, send notice of certification to the DEQ per MCA 76-4-127. 1. The notice of certification must include the following: a. The name and address of the applicant; b. A copy of the preliminary plat included with the application for the proposed subdivision or a final plat where a preliminary plat is not necessary; c. The number of proposed parcels in the subdivision; d. A copy of any applicable zoning ordinances in effect; e. How construction of the sewage disposal and water supply systems or extensions will be financed; f. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-1-101 et seq.) and a copy of the growth policy, when applicable; g. The relative location of the subdivision to the city; h. Certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in MCA 76-3-507; 155 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 57 of 81 DRAFT i. If water supply, sewage disposal or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities are available; and j. Certification that the city commission has reviewed and approved plans to ensure adequate stormwater drainage. Sec. 38.240.150180. Final plat application. A. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the developer must cause to be prepared a final plat. The final plat must conform to the uniform standards for final subdivision plats as set forth in 24.183.1107 ARM as may be amended and to the standards required by the county clerk and recorder. The applicant is responsible to verify that they are complying with the most recently adopted clerk and recorder standards. Plans and data must be prepared under the supervision of a registered surveyor, licensed in the state, as their licensing laws allow. 1. Final plat submittal. The final plat and all supplementary documents must be submitted to the community development department at least 30 working days prior to the expiration of subdivision application approval or any extension thereto. The submittal must include a final plat application form, the appropriate review fee, all information required by section 38.220.070 and a written explanation of how each of the conditions of subdivision application approval has been satisfied. a. The final park plan, if one is associated with the plat, must be reviewed and approved, after a recommendation from the city recreation and parks advisory board, prior to approval of or simultaneously with the final plat. The installation of any park improvements to meet minimum development standards or conditions of approval must comply with division 38.270 of this chapter. 2. County treasurer certification. A final plat will not be accepted as complete until the county treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. 3. Review of abstract subdivision guarantee, deeds, and covenants. a. With the final plat, the developer must submit to the community development department a certificate of a licensed title abstractorsubdivision guarantee showing the names of the owners of record of the land to be subdivided and of any off-site land used to satisfy parkland dedication requirements, and the names of lienholders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the developer, and any lienholders or claimants of record against the land. The certificate of licensed title abstractor must be dated no earlier than 30 calendar days prior to submittal. If necessary, the subdivision guarantee certificate must be updated so that the subdivision guaranteecertificate is dated no earlier than 90 days prior to the city commission's action on the final plat. 156 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 58 of 81 DRAFT b. Covenants must be submitted to the community development department with the final plat application. At least 30 working days prior to submission of the final plat application to the community development department, the developer must submit a copy of the covenants to the city attorney's office. c. If an improvements agreement will be required per section 38.270.060 then the proposed associated financial security must be provided for review and approval at least 30 working days prior to submission of the final plat application for review by the city attorney. d. Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. (1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. (2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. (3) The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. (4) For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. d. Certificates. (1) Public lands/improvements must be described in the certificate of dedication/consent, listed in the certificate of completion, and be completed or subject to an improvements agreement. (2) Private lands/improvements must be described and addressed in the certificate of donation/grant and completion of private improvements, be completed or subject to an improvements agreement. 4. Review by the community development department. The community development department will then review the final plat application to ascertain verify that all 157 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 59 of 81 DRAFT conditions and requirements for final approval have been met. If all conditions and requirements for final approval have been met, the community development department must forward a report to the city commission for their action. 5. Final plat approval. The review authority city commission must examine every final plat, and within 45 working days of the date of receipt of a complete final plat application to the community development department, must approve it if it conforms to the conditions of preliminary approval and the terms of this chapter. "Date of receipt" means the date of delivery of all fully executed required documents to the reviewing agency if accompanied by the applicable review fee. The city commission must examine every final plat at a regular meeting. A final subdivision plat is not may not be approved by the city unless all certificates, with the exception of the director of public workscertificates to be signed by applicable city officers and the county clerk and recorder, have been complied with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval have been met. A final subdivision plat may not be filed with the county clerk and recorder unless all certificates, with the exception of the county clerk and recorder, have been complied with, signed and notarized. This shall include the certification by the county treasurer that no real property taxes and special assessments assessed and levied on the land to be subdivided are delinquent. A final subdivision plat may not be approved by the review authority city commission or filed by the county clerk and recorder unless it complies with the uniform standards for final subdivision plats as established 24.183.1107, ARM as may be amended and as required by the Gallatin County Clerk and Recorder. a. If the final plat is approved, the city officer director of public service shallmust so certify the approval in a printed certificate on the plat. b. If the final plat is denied, the city commission shall cause a letter to be written to the developer stating the reasons therefore. 6. Filing. The developer must file the approved, signed final plat and all other required certificates and documents with the county clerk and recorder within 60 days of the date of final approval. 7 Sec. 38.240.190160. Changes to filed subdivision plats. Changes to a filed subdivision plat must be filed with the county clerk and recorder as an amended plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat specified in these regulations. Commented [CS27]: Duplicative language from earlier about intake on plats. 158 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 60 of 81 DRAFT Section 14 That Division 38.240 Part 3 of the Bozeman Municipal Code be amended as follows: Part 3. Land DSubivisions Created by Rent or Lease and Buildings For Lease Or Rent Sec. 38.240.200. General. A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land must be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subsequent action to sell interests in less than the entirety of the development may necessitate review under Parts 5 and 6 of the Montana Subdivision and Platting Act prior to any sale. Land subdivisions created by rent or lease are not subject to this division 38.240 or the Montana Subdivision and Platting Act if: Rent or lease of buildings or portions of buildings otherwise subject to Title 76 Part 8, MCA are exempt from review under 76-8 MCA since the City has adopted the necessary zoning to apply the exemption authorized in 76-8-103, MCA. B. Per 76-3-103(16) MCA, development for rent or lease for recreational camping vehicles or manufactured homes, rather than sale of parcels of land is also considered a subdivision and subject to review procedures for subdivision. 1. They are developed on property which has been subdivided in compliance with Parts 5 and 6 of the Montana Subdivision and Platting Act or which have a boundary documented by a certificate of survey recorded after July 1, 1973; and 2. They are reviewed as a site plan, conditional use permit, or planned unit development as described and authorized under this chapter; and 3. They comply with the adopted zoning regulations and other land development standards adopted by the city. B. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a "campground," "trailer court," "work camp," or "youth camp" as defined below, the city must not grant final approval until the developer obtains a license for the facility from the state department of public health and human services (DPHHS) under MCA tit. 50, ch. 52. 1. "Campground" means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. 2. "Trailer court" means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers, manufactured homes or mobile homes for use as residences. The term does not include a parcel composed of platted lots, if each lot: Commented [CS28]: It appears this been entirely replaced with MCA 76-8 which has an exclusion for requiring subdivision review for rent or lease for areas with our kind of detailed zoning. Therefore, the entire Part is invalid and can be removed except for an appropriate reference to state law.. 159 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 61 of 81 DRAFT a. Is filed with the county clerk and recorder; b. Contains only one trailer space; and c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to MCA tit. 75, ch. 6, pt. 1, and that are located within the boundaries of the City of Bozeman. 3. "Work camp" means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm. 4. "Youth camp" means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. C. Surveying and filing requirements exemption. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act. D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is not a subdivision of land but must be in conformance with applicable zoning regulations. For this section "building" means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. Except as provided in MCA 76-3-103(15) the term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome. Sec. 38.240.210. Land subdivisions created by rent or lease—Procedure, submittal requirements and review criteria. A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the city before any portions of the development may be rented or leased. The developer must apply for site plan and subdivision review. B. Site plan review. All relevant procedures, submittal requirements and review criteria contained in division 38.230 of this chapter apply. The development must also comply with the requirements of division 38.310 of this chapter and sections 38.360.190 and 38.360.250. 160 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 62 of 81 DRAFT C. Subdivision review. The subdivision review procedure and review criteria for land subdivisions created by rent or lease will depend upon the number of spaces within the proposed development. Proposed developments containing five or fewer spaces for rent or lease must be reviewed as minor subdivisions according to the provisions of article 2 of this chapter and proposed developments containing six or more spaces for rent or lease must be reviewed as major subdivisions according to the provisions of division 38.240 of this chapter. 1. Pre-application plan. The pre-application plan must be reviewed using the procedures contained in section 38.240.110. The submittal materials listed in section 38.220.030 must be provided. 2. Preliminary plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a preliminary plan in lieu of a preliminary plat, a completed application for minor subdivision or major subdivision as appropriate, and the materials listed in sections 38.220.050 and 38.220.060. 3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the developer must submit a final plan in lieu of a final plat, a completed final plat application and the materials listed in section 38.220.070. 4. Supplementary materials. In addition to the submittal requirements of division 38.220 of this chapter, preliminary and final plans for land subdivisions created by rent or lease must show the following: a. A layout of all spaces proposed for rent or lease; b. Location of commonly owned areas and facilities; and c. Parks and/or recreation areas. 5. Boundary lines. All preliminary and final plans may show approximate boundary, lot, right-of-way or other lines. ( Ord. No. 2059 , § 3, 1-26-2021) Sec. 38.240.220. Land subdivisions created by rent or lease—Timing of improvements. Before any portion of a land subdivision created by rent or lease can be rented or leased, all required improvements must be installed, inspected and found compliant with the approved plan, and where applicable accepted by the city. Sec. 38.240.230. Land subdivisions created by rent or lease—Filing of final plan. Once the final plan has been approved by the city, an original copy of the approved plan must be filed with the county clerk and recorder as a "miscellaneous" document and another copy of the approved plan must be retained by the engineering division of the department of public works. 161 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 63 of 81 DRAFT Section 15 That Section 38.240.300 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.300. Divisions of land entirely exempt from the requirements of this chapter pertaining to subdivisions and the state subdivision and platting act. A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Montana Subdivision and Platting Act (the "Act"), the requirements of this chapter pertaining to subdivisions and the Act may not apply to any division of land that: 1. Is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (MCA 76-3-201(1)(a)); a. Before a court of record orders a division of land, the court must notify the governing body of the pending division and allow the governing body to present written comment on the division; b. Lots created as described in this section that do not comply with the standards of chapter 38, BMC are not "nonconforming" lots subject to section 38.32.030 and are not individual buildable lots; c. Not more than four lots can be created by order of a court of record from an original tract or parcel. 2. Is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes (MCA 76-3-201(1)(b)); a. This exemption applies: i. To a division of land of any size; ii. To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provisions of the Montana Subdivision and Platting Act and division 38.240 of this chapter if applicable; b. Lots created as described in this section that do not comply with the standards of chapter 38, BMC are not "nonconforming" lots subject to section 38.280.030 and are not individual buildable lots; 3. Creates an interest in oil, gas, minerals or water that is severed from the surface ownership of real property (MCA 76-3-201(1)(c)); 4. Creates cemetery lots (MCA 76-3-201(1)(d)); 5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e)); 6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-201(1)(f)); 162 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 64 of 81 DRAFT 7. Is created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential, commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting Act and division 38.240 of this chapter (MCA 76-3-201(1)(h)); 8. Is created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities (MCA 76-3-205(1)); 9. Is state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-3-205(2)); and 10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974 (MCA 76-3-206). Section 16 That Section 38.240.410 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.410. Dedication or consent. A. All plats of subdivisions must contain a certificate of dedication or certificate of consent signed by the subdivider. In the case of corporate ownership, the proper corporation officer must sign, a corporate notary form must be used, and the corporate seal must be affixed. The certificate of consent is used when there are no transfers of land interests to the public. The certificate must read as follows: 1. Certificate of dedication. CERTIFICATE OF DEDICATION (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, roads, highways, and parks, playgrounds, or public lands or other public improvements shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, 163 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 65 of 81 DRAFT roads, highways, and parks or public lands or other public improvements dedicated to the public are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements, hereby dedicated to public use. The lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads highways, and parks or other public lands or other public improvements). The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of platted property) 2. Certificate of consent. CERTIFICATE OF CONSENT (I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit: Description (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana. The undersigned hereby grants unto each and every person, firm of corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of platted property) 164 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 66 of 81 DRAFT Section 17 That Section 38.240.450 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.450. Improvements. A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements, and must read as follows: CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professional engineer licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: (List improvements in accordance with section 38.240.450.A). Financially Guaranteed Improvements: (List improvements in accordance with section 38.240.450.B). The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. Signature of Subdivider (Date)_______ Signature, Number, and Seal of Engineer (Date)_______ Signature, Director of Public Works City Engineer (Date)_______ B. If all required subdivision improvements will not be installed prior to final plat approval, and the final plat will be recorded subject to an improvements agreement and financial guarantee, this certificate must be modified to also list all improvements not completed. Section 18 That Section 38.240.460 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.460. Acceptance of dedications Governing body. When property or improvements are being transferred to the public this certificate is used. The city commission’s or their designated agent must certify approval of theacceptance for 165 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 67 of 81 DRAFT public use of improvements associated with the plat of subdivision. Said certificate must read as follows: CERTIFICATE OF DIRECTOR OF PUBLIC WORKSACCEPTANCE OF DEDICATIONS I, City Engineer Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this _______ day of _______, _______. (Signature), Director of Public WorksCity Engineer Section 19 That Section 38.240.470 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.470. Exclusion from MDEQ review for sanitation. The following certificate must be added to all subdivision plats to certify that adequate stormwater drainage and adequate municipal facilities will be provided. CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to MCA 76-1-601 et seq., and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125, this subdivision is excluded from the requirement for Montana Department of Environmental Quality review. DATED this _______ day of _______, _______. (Signature), Director of Public Works City Engineer City of Bozeman, Montana Section 20 That Section 38.240.500 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.500. Certification of use of exemption claim. A. The following certificates must be provided in a printed certificate on the amended plat or certificate of survey for allowed exemptions from review as subdivisions: 1. Certificate of governing body to authorize exemption from subdivision review. 166 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 68 of 81 DRAFT CERTIFICATE OF GOVERNING BODY – USE OF EXEMPTION I, (Director of Community Development), do hereby certify that the accompanying (Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code. DATED this _______ day of _______, _______. (Signature), Director of Community Development 2. Certificate of exemption. Reference to exclude the survey from state department of environmental quality review can also be added to this certificate, as appropriate. LANDOWNER CERTIFICATE OF EXEMPTION (I), (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add appropriate subsection). DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of surveyed property) Section 21 That Section 240.530 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.530. Certificate of completion of water-related improvements. A. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings, and must read as follows: CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS I, (Name of Subdivider), hereby certify that the following improvements, necessary to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: (List improvements). Financially Guaranteed Improvements: (List improvements). 167 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 69 of 81 DRAFT The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. Signature of Subdivider (Date)_______ Signature, Director of Public WorksCity Engineer (Date)_______ Section 22 That Section 38.240.540 of the Bozeman Municipal Code be amended as follows: Sec. 38.240.540. Certificate of Governing Body A. The city commission’s designated agent must certify approval of all plats of subdivision. Said certificate must read as follows: CERTIFICATE OF GOVERNING BODY APPROVING PLAT I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. DATED this _______ day of ______________________, _______. (Signature), Director of Community Development Section 23 That Section 38.250.080 of the Bozeman Municipal Code be amended as follows: Sec. 38.250.080. Subdivision variances. A. Procedure. The subdivider must provide during the pre-application process, and include with the submission of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The relevant advisory bodies must include their findings and conclusion regarding the requested variance in its recommendation. The city review authority must then consider each variance at the public hearing on during their review of the preliminary plat. A public hearing may not be held on a variance in association with a first minor subdivision. 168 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 70 of 81 DRAFT B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city must not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that: 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this chapter is enforced; 3. The variance will not cause a substantial increase in public costs; and 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. C. Variances from floodway provisions not authorized. The review authority may not, by subdivision variance, permit subdivision for building purposes in areas located within the floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.). Any variances related to floodways must meet the standards of 38.250.070.C.4.a. D. Conditions. In granting subdivision variances, the review authority may require such conditions as will, in its judgment, secure the objectives of this chapter. Any approval under this section must be subject to the terms of the conditions designated in connection therein. Any conditions required must be related both in purpose and scope with the relief sought through the variance. E. Statement of facts. When any variance from this chapter is granted, the motion of approval must contain a statement describing the variance and conditions upon which the issuance of the variance is based. F. Planned unit development. Where the standards and requirements of this chapter are proposed to be modified through a planned unit development, the applicable process is a deviation rather than a variance. G. Limitations on approvals. For subdivision variances, the variance approval will be null and void if the final plat is not filed within the time allowed for final approval by the city's decision. Section 23 169 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 71 of 81 DRAFT That Section 38.400.020 of the Bozeman Municipal Code be amended as follows: Sec. 38.400.020. Street and road dedication. A. General. All streets or alleys within, or providing access to, the proposed development must be dedicated to the public, be private streets to be owned and maintained by an approved property owners' association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements must: a. Be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Private streets. a. Private streets may be required to have a public access easement if deemed necessary by the city. b. If a private street is proposed, the project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD review requirement if: (1) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width of 31, 33 or 35 feet; or (2) A local private street is proposed and the street would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width may vary from city standards, provided that: (a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. 170 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 72 of 81 DRAFT c. Documented proof of adequate funding and scheduling for maintenance of all private streets, must be provided, subject to section 38.270.09038.220.200. Section 24 That Section 38.410.060 of the Bozeman Municipal Code be amended as follows: Sec. 38.410.060. Easements. A. Required easements. Where determined to be necessary, public and/or private easements must be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. 1. In subdivisions, all easements must be described, dimensioned and shown on the final plat in their true and correct location. 2. In all other developments, the proper easements documents must be prepared for review and approval by the city, and filed at the county clerk and recorder's office. The easement documents must be accompanied by an exhibit indicating the dimensions, and true and correct location, of all easements. 3. No lot may be encumbered by a public or private utility easement in a way that would decrease the amount of buildable land to less than the area required by this chapter for the applicable zoning district. B. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer must provide private utility easements necessary to extend private utilities to the development, and to provide for the construction and maintenance of private utilities within the development. 1. General. a. Building setbacks must be coordinated with all provided utility easements. If a utility easement will be greater than the building setback required by this chapter, a note to that effect must be placed on the final plat and/or final site plan as appropriate. b. Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction. c. If placed in a city right-of-way, easements must be in a location required by and agreed upon in writing by all of the appropriate utility companies and the review authority. 2. Easement size. 171 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 73 of 81 DRAFT a. Front setback utility easements. Front setback utility easements must be ten feet wide, and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front setback easements are not needed. b. Rear setback utility easements. The provision of rear setback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, rear setback utility easements on each lot must be six feet wide if adjacent to a public alley and ten feet if not adjacent to a public alley. c. Side setback utility easements. The provision of side setback utility easements is not mandatory unless they are required by any or all of the utility companies to adequately serve the development. If provided, the width of the side setback utility easement must be determined on a case-by-case basis based on the needs of the utility companies. 3. Private utility plans. a. When the concurrent construction option will be used, based on the provisions of section 38.270.030.D, private utility plans must be included with the preliminary PUD submittal. b. Private utility plans must be provided with any plans and specifications submittals for the construction of new water, sewer or street infrastructure as specified in the city's design standards and specifications policy. 4. No building shall be constructed that encroaches on a private utility easement unless written approval from all utility companies is provided to the community development department. C. Public utility easements. Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained by the city. 1. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. 2. Public utility easements must be provided for all meter pits and fire hydrants maintained by the city. 3. No permanent structures shall be placed within public utility easements unless an encroachment permit has been obtained from the city. D. Easements for agricultural water user facilities. 1. Except as noted in subsection D.2 of this section, the developer must establish appropriate agricultural water user facility easements that: 172 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 74 of 81 DRAFT a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. Easements may be required when an agricultural water user facility is on adjacent property but an easement necessary to protect the function of the agricultural water user facility crosses onto the property to be developed. The easement must facilitate the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right; (1) The easements must ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner consistent with historic and legal rights; and (2) A minimum easement width of ten feet is required on each side of irrigation canals and ditches. b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and c. Prohibit the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement without the written permission of the facility owner. d. Notice requirements concerning agricultural water user facility: (1) Where agricultural water user facility are present on-site, within 100 feet of the exterior boundaries of the proposed Subdivision, or on an adjoining property, the developer shall provide written notice to the applicable water users and/or agricultural water user facility’s authorized representatives of the proposed development, provide them with a copy of the proposed development layout, provide a description of any anticipated adverse effects to the agricultural water user facility, provide a description of any mitigation proposed to remedy such adverse effects, and provide 45 calendar days for the water users and/or agricultural water user facility’s authorized representatives to submit written comments. (2). Notice to the water users and/or agricultural water user facility’s authorized representatives shall be as follows. i. In the event the agricultural water user facility conveys water for an incorporated or otherwise organized group of water users such as a ditch or canal company, and the water users have officially elected or otherwise appointed a representative or group of representatives, written notice shall be to the agricultural water user facility’s authorized representatives. Commented [CS29]: Consistency with County’s adopted regs. Ditches regularly cross the boundaries so consistency of approach is particularly beneficial. Enables 76-3-616 release from subdivision public hearings by providing adequate work up front to address ditches which was the last of the remaining subdivision primary review criteria. 173 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 75 of 81 DRAFT ii. In the event the agricultural water user facility conveys water for water users that have not organized or officially elected or otherwise appointed a representative, the developer shall give written notice to all water users. iii. In the event the agricultural water user facility conveys water in a combination of the scenarios described in i and ii above, the Subdivider shall give written notice to the agricultural water user facility’s authorized representatives, and any water users not represented by the agricultural water user facility’s authorized representatives. iv. The Montana Department of Natural Resources and Conservation is the agency that maintains the official records for water rights. (3). The pre-application or concept plan submittal shall include the names and contact information for the water users and agricultural water user facility’s authorized representatives that were provided with written notice, and the date they were provided written notice. (4) If the water users and/or agricultural water user facility’s authorized representatives have provided the applicant with written comments, those comments shall be submitted with the pre-application or concept plan submittal. (5) If there are changes to the project between the pre-application plan or concept plan submittal and formal application stage that would result in additional impacts to the agricultural water user facility, the developer shall comply with the notice and documentation requirements described above to be submitted with the formal application. (6) If the subject of this subsection was fully addressed with a previous development review and a new application is fully in compliance with the earlier approval compliance with the notice provisions of this subsection is not required. 2. The developer need not establish agricultural water user facility easements as provided above if the following provisions were met or will be met via the subdivision or site plan process: a. The average lot size is one acre or less and the developer provides for disclosure, in a manner acceptable to the review authority, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or b. The water rights are removed or the process has been initiated to remove the water rights from the subdivided or developed land. If the water rights have been or will be removed from the land within the development it must be so noted with the preliminary plat or plan submittal. If removal of water rights is not complete upon filing of the final plat or approval of the final site plan, the developer must provide 174 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 76 of 81 DRAFT written notification to prospective buyers of the intent to remove the water right and must document that intent, when applicable, in agreements and legal documents for related sales transactions. 3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an agricultural water user facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer must certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 4. Stormwater from a development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easements. 5. If the developer demonstrates that easements have been extinguished pursuant to state law, or the holder of the easement consents in writing to the extinguishment, or the easement is not required per subsection D.2, the developer may remove ditch laterals from within the subdivision. 6. If agricultural water user facility easements are required, a notice must also be recorded with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. 7. Any other mitigation of impacts to an agricultural water user facility identified during development review must be coordinated with any required easement. Mitigation shall be reasonable, based on site-specific conditions, and shall be developed with consideration of comments received from the water users and or agricultural water user facility’s authorized representatives. E. Other easements. Public access easements for streets and trails must be provided in accordance with the provisions of divisions 38.400 and 38.420 of this chapter. 175 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 77 of 81 DRAFT Section 25 That Section 38.410.020 of the Bozeman Municipal Code be amended as follows: Sec. 38.410.020. Neighborhood centers. A. To provide a neighborhood focal point, all residential subdivisions or planned unit developments that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center must be no less than one acre in size. The center must be comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The following requirements apply to all neighborhood centers: 1. The geographic center point of the neighborhood center must be no further than 600 feet from the geographic center point of the development. This requirement may be waived in the following circumstances: a. The development would create parcels that are all non-residential; b. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial center; c. The site is constrained by the presence of critical lands; d. The site is part of an approved subarea plan that shows the center in a different location; or e. The topography of the site presents physical constraints on the property. 2. With the exception of civic and neighborhood commercial center uses, the developer must install all center-related improvements as part of the required development improvements. When a multi-phase project is developed, improvements must be installed with each phase. Required improvements must be based on the definition of each feature found in article 7 of this chapter, and/or city standards. 3. The neighborhood center must have frontage along 100 percent of its perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter in accordance with section 38.420.060. 4. With the exception of civic and neighborhood commercial center buildings and grounds, the center is considered a common area to be owned and maintained by the property owners' or a property owners' association. The property owners' association may establish an improvement district to collect assessments to pay for the maintenance. 5. After receiving a recommendation from the city recreation and parks advisory board, aAreas within neighborhood centers used for park, square, or green may count towards 176 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 78 of 81 DRAFT parkland dedication requirements (subject to review and approval by the review authority) if they meet the following criteria: a. The area is predominantly open space with enhanced natural features, but may contain amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and b. The area provides active and/or passive recreation opportunities. 6. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the review authority. However, any part of the center used for stormwater management does not count towards park dedication requirements. 7. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.210.130 and 38.510.030.L. Section 26 That Section 38.420.050 of the Bozeman Municipal Code be amended as follows: Sec. 38.420.050. Location. A. General. The review authority, in consultation with the developer, recreation and parks advisory board and parks department, and the planning board if applicable, may determine suitable locations for parks and playgrounds. Parkland must be located on land suitable to and supportive of the activities and functions depicted in the relevant park plan, and unless the park plan indicates a requirement for another configuration, should be kept in a large block. B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area, the subdivision must comply with the subarea or neighborhood plan for the location of parks Section 27 That Section 38.420.080 of the Bozeman Municipal Code be amended as follows: Sec. 38.420.080. Park development. A. General. Developers must consult any adopted citywide park plan, and with the recreation and parks advisory boardparks department which implements the plan, to determine the types of parks needed for the proposed development and surrounding area. Parks must be developed in accordance with the citywide park plan and any approved park master plan. At a minimum, all parks must be improved to the following standards by the developer, prior to final plat or final occupancy approval as appropriate: 177 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 79 of 81 DRAFT 1. Minimum required improvements to land dedications. The subdivider must level any park area, amend the soil, seed disturbed areas to allow mowing with turf type mowers, and install an underground irrigation system in compliance with city standards and specifications. a. Parks must be seeded with drought tolerant grass seed unless approved otherwise in writing by the park superintendent. 2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision lots or condominium units are sold. Thereafter, the property owners' association must be responsible for park irrigation. The property owners' association may establish an improvement district to collect assessments to pay for irrigation. a. Wells must be used to irrigate parkland. B. Boundaries. The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. C. Sidewalks. Sidewalks, when required within the development, must be installed by the developer at points where the park borders or crosses public or private streets. D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater ponds may not be located on private lots. Stormwater retention or detention ponds must be maintained by the property owners' association. E. Clean up required. All fencing material, construction debris and other trash must be removed from the park area. Section 28 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 29 178 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 80 of 81 DRAFT 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 30 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 31 Codification. This Ordinance shall be codified as indicated in Section 2–27. Section 32 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2021 ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ 179 Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments DRAFT 9-21-2021 Ord 2089 Page 81 of 81 DRAFT MIKE MAAS 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 ____________________, 2021. The effective date of this ordinance is __________, __, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 180