HomeMy WebLinkAbout12-15-08_Unified Development Ordinance Text Amendment Application
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andy Epple, Director of Planning and Community Development
Chris A. Kukulski, City Manager
SUBJECT: Unified Development Ordinance (UDO) Text Amendment Application
#Z-08267, to Modify Level of Service (LOS) Standards for Intersection
Improvements Required in Conjunction with Development Proposals
MEETING DATE: Monday, December 15, 2008 @ 6:00 p.m.
RECOMMENDATION: That the City Commission approves this application per staff’s and
the Zoning Commission’s recommendations, with two additional items for inclusion in the
ordinance, per Zoning Resolution #Z-08267: 1) to include a requirement for a Waiver of Right
To Protest or agreement for future inclusion in improvements to the intersection in question; and
2) to include a definition of “adaptive re-use” in the Unified Development Ordinance.
BACKGROUND: This is a City Commission-initiated UDO Text Amendment application.
Earlier this year several development projects came before the City Commission where street
intersection LOS issues were at the forefront of deliberations. These projects included The
Brewery (on North Wallace), South Towne Center (on South 3rd Avenue at Kagy), Greek Way
Apartments, and more recently, the adaptive reuse of the Campus Square Cinemas into the Town
and Country Grocery Store.
Last May, the Commission hosted a Policy Discussion to discuss ways to more effectively deal
with LOS issues. The outcome of that Policy Discussion was general consensus that the UDO
should be amended to accomplish several objectives: 1) To clarify that LOS standards would
apply to overall intersection operation, rather than just individual legs of an intersection; 2) To
provide greater flexibility in the requirement that all intersections within a one mile radius of a
development proposal be analyzed for possible mitigation; 3) To exempt redevelopment projects
in the Neighborhood Conservation District from the requirements of preparing detailed traffic
impact studies; and 4) To exempt projects consisting of adaptive reuse of existing buildings that
otherwise might become “dark stores” within the City of Bozeman from the requirements of
preparing detailed traffic impact studies.
The attached staff report summarizes and evaluates the sections of the UDO which staff has
determined need to be amended to accomplish the above-described objectives. Proposed
modifications are highlighted in yellow. If preliminarily approved by the Commission, staff will
prepare the necessary Ordinance to formally amend the UDO accordingly.
In addition to the staff report, you will also find attached to this memo:
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• Minutes from the December 2, 2008 Zoning Commission hearing;
• Zoning Commission Resolution # Z-08267;
• Full Text of Chapter 18.44 UDO (with amendments highlighted in yellow); and
• Full Text of Chapter 18.78 UDO (with amendments highlighted in yellow).
UNRESOLVED ISSUES: The Commission needs to determine if it wishes to incorporate the
two additional recommendations of the Zoning Commission into an Ordinance, one regarding
Waivers of Right to Protest to be required of exempt developers in lieu of Traffic Impact Studies,
and the other to provide a definition of “adaptive reuse” to be provided in the Ordinance. Staff
can easily incorporate both into an Ordinance, along with the other recommended, changes, if so
directed by the Commission. [Note: A standard definition of Adaptive Reuse, from The Latest
Illustrated Book of Development Definitions, by Harvey S. Moskowitz (2004) is: “The
development of a new use for an older building or for a building originally designed for a special
or specific purpose.”]
ALTERNATIVES: As determined by the Commission.
FISCAL IMPACTS: None identified.
Respectfully Submitted,
_________________________________ _______________________________
Andy Epple, Director of Planning Chris Kukulski, City Manager
Attachments: As Noted Above
memo prepared: 12/10/08
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ZONING COMMISSION STAFF REPORT
CITY STREETS LEVEL OF SERVICE (LOS) UDO TEXT AMENDMENT FILE NO. #Z-08267
#Z-08267 City Streets LOS UDO Text Amendment Staff Report 1
Item: Unified Development Ordinance Text Amendment Application #Z-08267, to
amend the text of the Unified Development Ordinance to modify the Level of
Service (LOS) standards for intersection improvements required in
conjunction with development proposals
Applicant: Bozeman City Commission
P.O. Box 1230
Bozeman, MT 59771-1230
Representative: Bozeman Director of Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
Date/Time: Before the Bozeman Zoning Commission on Tuesday, December 2, 2008 at
7:00 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue,
Bozeman, Montana. Before the Bozeman City Commission on Monday,
December 15, 2008 at 6:00 p.m. in the Commission Room, City Hall, 121
North Rouse Avenue, Bozeman, Montana.
Report By: Andy Epple, Director of Planning and Community Development
Recommendation: Approval
PROJECT LOCATION
The proposed edits are applicable throughout the legal boundaries of the City of Bozeman.
PROPOSAL AND BACKGROUND INFORMATION
Over the past 12 months, the City Commission has reviewed several development projects where street
intersection Level of Service (LOS) issues have become major points of contention between developers,
staff and, ultimately, with the Commission itself. Based on those experiences, Commissioners made
LOS issues the subject of a Policy Discussion meeting in May of 2008, and subsequently directed staff
to prepare text amendments to the Unified Development Ordinance (UDO) that would accomplish
several objectives: 1) To clarify that LOS standards would apply to overall intersection operation,
rather than just individual legs of an intersection; 2) To provide greater flexibility in the requirement that
all intersections within a one mile radius of a development proposal be analyzed for possible mitigation;
3) To exempt redevelopment projects in the Neighborhood Conservation District from the requirements
of preparing detailed traffic impact studies; and 4) To exempt projects consisting of adaptive reuse of
existing buildings that otherwise might become “dark stores” within the City of Bozeman from the
requirements of preparing detailed traffic impact studies.
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To accomplish the objectives described above, proposed Ordinance No. 1755 would amend three
sections of the UDO in the following manner: 1) Section 18.44.060 STREET IMPROVEMENT
STANDARDS, Subsection D. Level of Service Standards would be modified per the recommendations
of the consulting engineer working on our Transportation Plan Update to reflect which intersection
approach legs are to be considered when evaluating Level of Service, depending on the nature of the
intersection; 2) Section 18.78.060 ADDDITIONAL SUBDIVISION PRELIMINARY PLAT
SUPPLEMENTS, Subsection L.6. Traffic Generation b.(3) would be modified to substitute the City
Engineer for the Director of Public Services in determining which intersections within one mile of a
project need to be studied, and to expand the means by which such determinations may be made; and 3)
Section 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS, Subsection B. Site Plan Information
9. would be modified by designating the City engineer as the authorized representative of the City in
granting waivers to traffic impact study requirements, and by adding two new categorical exclusions for
gaining such waivers, namely, redevelopment of properties within the Neighborhood Conservation
Overlay District, or adaptive reuse of existing buildings.
The text of the three proposed amendments described above follows, with proposed changes highlighted
in yellow.
1) Section 18.44.060 STREET IMPROVEMENT STANDARDS, Subsection D. Level of Service
Standards
D. Level of Service Standards. Streets and intersection level of service “C” shall be the
design and operational objective, and under no conditions will less than level of service
“D” be accepted. All arterial and collector streets, and movements on intersection
approach legs designated as arterial or collector streets, shall operate at a minimum level
of service “C”. Level of Service (LOS) values shall be determined by using the methods
defined by the Highway Capacity Manual – 2000. A development shall be approved
only if the LOS requirements are met by the developer through mitigation measures. The
design year for necessary improvements shall be a minimum of fifteen years following
construction of said improvements. Movements on intersection approach legs designated
arterial or collector streets shall be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of “C” for the
intersection as a whole; individual movement and approach leg LOS lower that “C” shall
be allowed such that the total intersection LOS is a “C” or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS of “C” for the
intersection as a whole for four-way stop controlled; individual movement and approach
leg LOS lower that “C” shall be allowed such that the total intersection LOS is a “C” or
higher;
3. Two-way stop-controlled (TWSC) intersections shall have a minimum acceptable
LOS of “C” or higher for the stop controlled, minor legs; and
4. An intersection with a roundabout shall have a minimum acceptable LOS of “C”
or higher for the intersection as a whole.
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412
2) Section 18.78.060 ADDDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS,
Subsection L.6. Traffic Generation b.(3)
6. 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.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Engineers Trip
Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and any
mitigation techniques.
b. The report shall include the following information:
(1) 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.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown separately).
(3) AM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) All major drive accesses that intersect collector or arterial streets or
roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections within one mile of the site, or as required by the
Director of Public Service City Engineer during the pre-application
review, concept plan review, or informal project review .
3) Section 18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS, Subsection B. Site Plan
Information 9.
9. The information required by §18.78.060.L, BMC, unless such information was
previously provided through a subdivision review process, or the provision of such
information was waived in writing by the City during subdivision review of the land to be
developed, or the provision of such information is waived in writing by the City prior to
submittal of a preliminary site plan application;
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9. The information required by §18.78.060.L, BMC, subject to the following exceptions:
a. Such information was previously provided through a subdivision review process;
or
b. The provision of such information was waived in writing by the City Engineer
during subdivision review of the land to be developed; or
c. The provision of such information is waived in writing by the City Engineer prior
to submittal of a preliminary site plan application; or
d. The application for site plan approval involves the redevelopment of property
located within the City’s established Neighborhood Conservation Overlay
District; or
e. The application for site plan approval involves the adaptive reuse of an existing
building, regardless of its location within the City.
REVIEW CRITERIA
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each UDO text amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each UDO text amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-02-304,
Montana Code Annotated.
A. Consistency with the City’s growth policy.
Yes. The proposed amendments are designed to promote infill development and adaptive reuse
of existing buildings, which combats sprawl, conserves energy, and preserves historic resources.
This would be accomplished by relaxing the requirements for certain infill, historic, and reuse
projects to identify and mitigate traffic-related impacts on street intersections within one mile of
their location. The relaxation of these requirements for qualifying projects provides a significant
incentive for developers to pursue infill development, historic preservation, and other adaptive
reuse projects within the City limits.
Numerous sections of the Bozeman 2020 Community Plan point to this [providing incentives for
developers to pursue infill development, historic preservation, and other adaptive reuse projects
with the City limits] as a desirable outcome of our regulatory programs. These section of the
2020 Community Plan include: Land Use Objectives 3 and 6 in Section 6.6.1 – “Review and
revise regulatory standards and City policies to ensure that sprawl is not encouraged by City
actions,” and “Support infill development which respects the context of the existing development
which surrounds it;” Land Use Objective 3 in Section 6.6.2 – “Support and encourage
compatible infill development to avoid sprawl and unnecessary public expense;” and Land Use
Objective 1 in Section 6.6.3 – “Ensure that development and redevelopment of this area,
including the adaptive reuse of historic buildings, is done in a fashion which enhances, and is
compatible with, the current community fabric.” Also, Community Character Objective 6 in
Section 4.91 – “Develop infill within the existing area of the City rather than developing land
requiring expansion of the City’s area,” and Community Character Objective 5 in Section 4.9.8
– “Combine historic preservation and economic development so as to encourage owners of
historic resources to upgrade and preserve historic properties in a manner that will conserve the
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integrity of such properties in the best possible condition.”
B. Lessening of congestion in the streets.
Neutral. While development projects generally result in increased traffic, the proposed
amendments recognize that adaptive reuse and historic preservation projects generally utilize
buildings and properties that have historically contributed traffic volumes to the street network,
and that they should be reviewed differently from “greenfield” developments.
C. Securing safety from fire, panic and other dangers.
Neutral. Any redevelopment, adaptive reuse or historic preservation project will be subject to all
applicable building and fire codes to ensure safety from fire, panic, and other dangers.
Additionally, such projects will also be subject to applicable subdivision and zoning reviews,
further ensuring public health and safety. If, through these review processes, it is determined
that dangers to public health and safety cannot be adequately mitigated, the decision making
authorities have the ability to deny the project citing sections of the Unified Development
Ordinance other than those proposed herein for amendment.
D. Promotion of health and the general welfare.
Yes. The proposed amendments will provide an additional incentive for property owners to
rehabilitate and adaptively reuse existing buildings, thereby decreasing the likelihood of them
falling into a state of disrepair and abandonment. Abandoned buildings and “dark stores” are
generally detrimental to health and general welfare of the community.
E. Provision of adequate light and air.
Neutral. These amendments, pertaining to when and where intersection Level of Service issues
need to be analyzed and mitigated, would not affect the provision of adequate light and air.
F. Prevention of overcrowding of land.
Neutral. These amendments, pertaining to when and where intersection Level of Service issues
need to be analyzed and mitigated, are not related to lot coverage or building density. With these
amendments in place, underlying zoning and building regulations would still be in effect to
prevent the overcrowding of land.
G. Avoiding undue concentration of population.
Neutral. These amendments, pertaining to when and where intersection Level of Service issues
need to be analyzed and mitigated, are not related to population density. With these amendments
in place, underlying zoning and building regulations would still be in effect to prevent the undue
concentration of population.
H. Facilitating the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements.
Neutral. These amendments, pertaining to when and where intersection Level of Service issues
need to be analyzed and mitigated, are not related to the adequate provision of water, sewerage,
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415
schools, parks and other public requirements. With these amendments in place, underlying
zoning and building regulations would still be in effect to facilitate the adequate provision of
these services. With regard to the adequate provision of transportation, see the response to
Criteria B. above.
I. Conserving the value of buildings.
Yes. These amendments, by relaxing requirements for certain infill, historic, and reuse projects
to identify and mitigate traffic-related impacts on street intersections, provide a significant
incentive for developers to pursue infill development, historic preservation, and other adaptive
reuse projects within the City limits. Such projects almost always involve reusing existing
structures, thereby conserving the value of buildings.
J. Reasonable consideration to the character of the district.
AND
K. Reasonable consideration to the peculiar suitability of the property for particular uses.
Yes. These amendments would enable City officials to recognize the distinction between
adaptive reuse development proposals, involving reuse of properties which have historically
generated traffic, and greenfield development of properties which have not historically generated
traffic. In doing so, City officials and landowners will be able to give reasonable consideration
to the character of the district, and to the peculiar suitability of the property for particular uses.
L. Encouraging the most appropriate use of land through the municipality.
Yes. These amendments, by relaxing the requirements for certain historic, and reuse projects to
identify and mitigate traffic-related impacts on street intersections, provides a significant
incentive for developers to pursue these types of projects. This in turn will promote investment
in our historic neighborhoods and districts, and reuse of existing buildings throughout the City.
As a result, historic districts and existing commercial corridors will be invigorated, which will
encourage the most appropriate use of land through the municipality.
STAFF FINDINGS/CONCLUSION
Planning Staff has reviewed this application for a Unified Development Ordinance text amendment
against the criteria set forth in 18.70.020 (Amendments and Rezonings – Investigation Required) of the
Unified Development Ordinance. Staff’s analysis finds that this application satisfies the required criteria.
Based on the evaluation of said criteria and findings by the Planning Staff, staff recommends
APPROVAL of the requested amendment.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing on December 15, 20086. The City Commission will
make the final decision on the application.
PUBLIC COMMENT
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#Z-08267 City Streets LOS UDO Text Amendment Staff Report 7
No public comment had been received when this report was prepared.
ATTACHMENTS
Application
Complete text of proposed amendments
417
MINUTES
TUESDAY, DECEMBER 2, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the regular meeting of the Zoning Commission to order at
7:02 p.m. in the Community Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman,
Montana and directed the secretary to take attendance.
Members Present:
JP Pomnichowski, Chairperson
Peter Harned
Nick Lieb
Nathan Minnick
City Commission Liaison
Sean Becker
Members Absent:
Warren Vaughan (excused)
Staff Present:
Andrew Epple, Planning Director
Tara Hastie, Recording Secretary
Guests Present:
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Zoning Commission
and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this
portion of the meeting.
ITEM 3. MINUTES OF JULY 15, 2008
Seeing there were no changes or additions to the minutes, Chairperson Pomnichowski approved
the minutes of July 15, 2008 as submitted.
ITEM 4. Zone Code Amendment #Z-08267(City of Bozeman Street Intersection Level of
Service Standards) – A Zone Code Amendment Application to modify the text of
the Unified Development Ordinance with regard to street intersection Level of
Service Standards for the City of Bozeman. (Epple)
Planning Director Andrew Epple presented the Staff Report noting he was presenting a City
Zoning Commission Minutes – December 2, 2008
1
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Commission directed amendment to the Zoning Code dealing with Level of Service Standards
and the functionality of intersections. He noted any development proposal was currently
required to do a traffic study for any major intersection within one mile of the site. He noted that
over the last twelve months the City Commission had struggled with a number of projects that
they had reviewed and had decided the City Engineer should be evaluating which intersections
would need to provide a study instead of requiring a standard mile radius. He noted the Brewery
project had identified an unsatisfactory traffic condition and had been required to upgrade the
intersection; the Brewery had applied for a Variance and relief of those requirements and it had
been granted by the City Commission. He stated the code would be amended to prevent having
to grant variances for Level of Service for multiple projects. He stated the City Engineering
Department had been consulted and Staff had established which text amendments would need to
be included. They had suggested the standards apply to the overall function of the intersection
instead of one movement of the intersection; to allow greater flexibility in determining the
impacts of the development on the intersections; to exempt redevelopment projects from the
Neighborhood Conservation District from the preparation of those studies; and to exempt
buildings that meet adaptive re-use standards. He stated the pertinent code sections had been
included with the actual change of language in context with the Unified Development Ordinance.
He suggested the public or Zoning Commission members are welcome to provide comments or
analysis on the proposed code provisions. He stated the amendments would provide incentive
for developers to pursue adaptive re-use or Conservation Overlay District projects which would
also be in keeping with the updated Growth Policy. He stated the Commissioners did not want
to see dark stores and would rather see the buildings adaptively re-used than abandoned. He
stated Staff had generated proposed amendments to the UDO that would assist in accomplishing
the goals of the Growth Policy.
Chairperson Pomnichowski stated that in the future, traffic would become heavy enough to
create more than the tolerated movements and asked if Waivers of Right to Protest would be
collected to ensure the improvements were completed. Director Epple responded it had not been
codified in the UDO to require waivers, but was assessed on a site to site basis. Chairperson
Pomnichowski suggested waivers be obtained to provide for applicant participation in future
improvements. Director Epple responded waiver language could be included. Chairperson
Pomnichowski suggested the definition of “adaptive re-use” be included before the City
Commission adopted the amendment. Director Epple responded it would not be difficult to add
that definition.
MOTION: Chairperson Pomnichowski moved, Mr. Lieb seconded, to include a requirement for
a Waiver of Right to Protest or agreement for future inclusion in improvements to the
intersection in question. The motion carried 4-0. Those voting aye being Chairperson
Pomnichowski, Mr. Lieb, Mr. Minnick, and Mr. Harned. Those voting nay being none.
MOTION: JP moved, Mr. Minnick seconded, to include a definition of “adaptive re-use” in the
Unified Development Ordinance. The motion carried 4-0. Those voting aye being Chairperson
Pomnichowski, Mr. Lieb, Mr. Minnick, and Mr. Harned. Those voting nay being none.
MOTION: Mr. Minnick moved, Mr. Harned seconded, to forward a recommendation of
approval to the City Commission for Zone Code Amendment #Z-08267 with the inclusion of the
Zoning Commission Minutes – December 2, 2008
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Zoning Commission Minutes – December 2, 2008
3
aforementioned Zoning Commission motions. The motion carried 4-0. Those voting aye being
Chairperson Pomnichowski, Mr. Lieb, Mr. Minnick, and Mr. Harned. Those voting nay being
none.
ITEM 5. NEW BUSINESS
Chairperson Pomnichowski noted that she, Warren Vaughan, and Nathan Minnick’s terms would
expire at the end of the year and suggested those members apply for reappointment. She added
she would be glad to serve next term but would need to be excused through April due to
Legislative sessions. She stated the Zoning Commission by-laws would need to be reviewed and
possibly edited at a future meeting.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting adjourned at 7:19 p.m.
_______________________________________ _______________________________________
JP Pomnichowski, Chairperson Andrew Epple, Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
420
Level of Service Standards UDO Text Amendment
1
RESOLUTION #Z-08267
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A UNIFIED
DEVELOPMENT ORDINANCE TEXT AMENDMENT APPLICATION THAT WOULD
MODIFY THE LEVEL OF SERVICE (LOS) STANDARDS FOR INTERSECTION
IMPROVEMENTS REQUIRED IN CONJUNCTION WITH DEVELOPMENT
PROPOSALS.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
regulations if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning regulation
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.68 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning regulation amendments; and
WHEREAS, the Bozeman City Commission applied for a Unified Development
Ordinance text amendment, pursuant to Chapter 18.68 of the Bozeman Unified Development
Ordinance, to modify Level of Service (LOS) Standards for intersection improvements required
in conjunction with development proposals found in Section 18.44.060 D., Section 18.78.060,
and Section 18.78.080 B.; and
WHEREAS, the proposed text amendment request has been properly submitted, reviewed
and advertised in accordance with the procedures set forth in Chapter 18.70 of the Bozeman
Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on
December 2, 2008, to formally receive and review all written and oral testimony on the proposed
text amendment; and
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Level of Service Standards UDO Text Amendment
2
WHEREAS, no members of the public submitted written or oral testimony on the
proposed text amendment; and
WHEREAS, the Zoning Commission discussed the need for an alternative method of
financial participation in intersection improvements by property owners who may be exempt
from the requirements of preparing a Traffic Impact Study, and specifically discussed the
appropriateness of obtaining SID waivers from such property owners; and
WHEREAS, the Zoning Commission discussed the need for a definition to be included in
the Unified Development Ordinance for the term “adaptive reuse”; and
WHEREAS, after considering staff’s recommendation and discussion amongst
Commission members, the Zoning Commission found that the application generally complied
with the Review Criteria
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 4 in favor and 0 against, officially recommends to the Bozeman City
Commission that the application to modify the Level of Service Standards for intersection
improvements required in conjunction with development proposals be approved as recommended
by staff, with two additional requirements: 1) to include a requirement for a Waiver of Right To
Protest or agreement for future inclusion in improvements to the intersection in question; and 2)
to include a definition of “adaptive re-use” in the Unified Development Ordinance.
DATED THIS DAY OF , 2008, Resolution #Z-08267
_____________________________ ____________________________
Andrew Epple, Planning Director JP Pomnichowski, Chairperson
Dept. of Planning & Community Development Bozeman Zoning Commission
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CHAPTER 18.44
TRANSPORTATION FACILITIES AND ACCESS
18.44.010 STREETS, GENERAL
All streets shall be provided in accordance with an adopted growth policy and/or transportation plan.
The arrangement, type, extent, width, grade and location of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions, to public convenience and
safety, and to the proposed uses of the land to be served by such streets. The design standards
contained in these regulations shall apply to all construction, reconstruction and paving of streets.
A. Relation to Undeveloped Areas. When a proposed development adjoins undeveloped land,
and access to the undeveloped land would reasonably pass through the new development,
streets within the proposed development shall be arranged to allow the suitable development
of the adjoining undeveloped land. Streets within the proposed development shall be
constructed to the boundary lines of the tract to be developed, unless prevented by
topography or other physical conditions, in which case a subdivision variance must be
approved by the City Commission.
B. Relation to Developed Areas. The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
C. Separation of Through and Local Traffic. Where a development abuts or contains an existing
or proposed arterial or collector street, the developer may be required to provide frontage
roads, reverse frontage with a reservation prohibiting access along the rear property line,
screen planting, or such other treatment as may be necessary for protection of residential
properties and to afford separation of through and local traffic.
D. Distance Between Parallel Rights-Of-Way. Where a development borders on or contains a
railroad, limited access highway, canal, ditch or stream right-of-way, the developer may be
required to provide a street approximately parallel to and on each side of such right-of-way at
a distance suitable to allow for the appropriate use of the intervening land. Such distances
shall also be determined with due regard for the requirements of approach grades and future
grade separation.
E. Dead-End Streets. Dead-end streets shall comply with City design specifications and
standards, and with any City-adopted Uniform Fire Code. No dead-end streets longer than
150 feet shall be permitted without an approved turn around. Where streets terminate, the
developer shall provide a cul-de-sac at the terminus. Where it is planned that a dead-end
street will be extended in the future, a temporary cul-de-sac shall be provided. All approved
turnarounds shall be signed as no parking.
1. “T” turnarounds, in-lieu of a temporary cul-de-sac, must be specifically approved by
the City Engineer. “T” turnarounds shall include two straight backup lengths of 45
feet each to accommodate City fire trucks. All other design requirements shall be
established by the City Engineer.
F. Local Streets. Local streets shall be laid out to discourage speeding.
G. Half Streets. Half streets are prohibited except when they are essential to the development,
are beneficial to the City, or when the City Engineer is satisfied that the half of the street will
be dedicated to the public when the adjoining property is developed. Half streets must be
approved by the City Engineer, and when adjacent to unannexed land, the County Road
Ordinance # 1693: Effective March 24, 2007. page 44-1
423
Office. When an existing half street is adjacent to a tract to be developed, the undeveloped
half of the street shall be provided with the new development.
H. Second or Emergency Access. To facilitate traffic movement, the provision of emergency
services and the placement of utility easements, all developments shall be provided with a
second means of access. If, in the judgment of the Development Review Committee (DRC),
a second dedicated right-of-way cannot be provided for reasons of topography or other
physical conditions, the developer shall provide an emergency access, built to the standards
detailed in these regulations.
1. This provision may be waived or conditionally waived by the DRC.
I. Cul-de-sacs. Cul-de-sacs are generally prohibited. The City Engineer may consider and
approve the installation of a cul-de-sac only when necessary due to topography, the presence
of critical lands, access control, adjacency to parks or open space, or similar site constraints.
Pedestrian walks shall be installed at the end of cul-de-sacs where deemed appropriate.
J. Bridges and Culverts. Culverts or bridges shall be provided and installed by the developer
where drainage channels intersect any street right-of-way.
1. Bridges. Bridges shall be built to Montana Department of Transportation H-20 load
standards, and shall be reviewed and approved by the Gallatin County Road Office
and the City Engineering Department.
2. All culverts shall, at a minimum, extend across the entire improved width of the street
cross section. The size and length of the culvert and the amount of backfill over the
culvert shall be determined by a registered professional engineer, when determined
necessary by the City Engineering Department.
a. Each culvert or other drainage facility shall be large enough to accommodate
potential runoff from upstream drainage areas. The minimum capacity of a
culvert shall be equivalent to a circular diameter of 15 inches.
K. Encroachment Permits. The subdivider shall be required to obtain encroachment permits for
all access to state highways.
L. Traffic Control Devices. Street signs and other traffic control devices shall be installed at all
intersections and any other location required by the City of Bozeman. The location, size,
shape and height of all traffic control devices shall comply City of Bozeman requirements,
and shall conform with the Manual of Uniform Traffic Control Devices (MUTCD) and the
City of Bozeman Modifications to Montana Public Works Standard Specifications.
M. Sight Distances. The alignment of all streets shall provide adequate sight distances based on
design operating speeds.
18.44.020 STREET AND ROAD DEDICATION
A. General. All streets or alleys within, or providing access to, the proposed development shall
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 shall:
a. Be approved by the City Attorney’s Office;
b. Be recorded in the County Clerk and Recorder’ 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.
Ordinance # 1693: Effective March 24, 2007. page 44-2
424
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 shall be reviewed as a planned unit
development. However, development proposals containing private streets
shall be 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 could 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 shall 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.
c. Documented proof of adequate maintenance funding and scheduling, for all
private streets, shall be provided, subject to §18.72.040, BMC.
18.44.030 INTERSECTIONS
A. The following requirements apply to street intersections:
1. Streets shall intersect at 90-degree angles except when topography prohibits this
alignment. In no case shall the angle of an intersection be less than 60 degrees to the
center line of the street or road being intersected;
2. Two streets meeting a third street from opposite sides shall be offset at least 125 feet
for local roads and 300 feet for arterials or collectors. Distances shall be measured
from the inside edge of the access, extended at its intersection with the projected curb
line of the intersecting street, to the right-of-way line, along the street frontage right-
of-way line. See Figure 18.44.090 in Appendix A.;
3. No more than two streets may intersect at one point;
4. Intersections of local streets with major arterials or highways shall be subject to
§18.44.090, BMC;
5. Intersections shall be designed to provide adequate visibility for traffic safety based
on the designed operating speeds of the intersecting roadways;
6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on
local streets within 100 feet of a hilltop are prohibited. Intersections on arterial and
Ordinance # 1693: Effective March 24, 2007. page 44-3
425
collector streets within 200 feet of a hilltop are prohibited. If no alternatives to a
hilltop intersection exists, additional traffic control devices shall be required;
7. The grade of approaches to major highways shall not exceed 5 percent; and
8. Any street which intersects a paved minor collector or greater street shall be paved for
at least 75 feet from the existing edge of pavement.
18.44.040 STREET NAMES
A. The following requirements apply to street names:
1. New streets aligned with existing streets shall have the same name as the existing
streets.
2. All street names must be approved by the Gallatin County Geographic Information
Systems and City Engineering Department prior to final plat or plan approval in order
to avoid duplication and confusion with names of existing streets and roads.
18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCTION
STANDARDS
A. All streets and roads providing access to, and within, the proposed development shall meet
the following standards:
1. Right-of-way width and construction standards contained in this title, the Bozeman
Area Transportation Plan 2001 Update, the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public
Works Standard Specifications shall apply.
2. Access streets and roads which are not on the City or County’s road maintenance
system shall be dedicated to the public, or shall have a public easement which meets
the criteria of this chapter.
18.44.060 STREET IMPROVEMENT STANDARDS
All street improvements shall be designed by and constructed under the supervision of a professional
civil engineer, registered in the State of Montana, and shall meet or exceed the right-of-way and
construction standards adopted by the City (including but not limited to an adopted transportation
plan or specifications manual) and required for the type of street to be constructed.
Plans and specifications for all public or private streets (including but not limited to curb, gutter,
storm drainage, street lighting and sidewalks), shall be provided to and approved by the City
Engineer. The developer shall provide professional engineering services for construction inspection,
post construction certifications and preparation of mylar record drawings. The plans and
specifications shall be approved and a preconstruction conference shall be conducted before any
construction is initiated on the street improvements.
A. Surfacing. A pavement design report, based upon specific site soil data and design-year
traffic loading conditions, prepared by a professional engineer, or other qualified professional
approved by the City Engineer, shall be submitted to the City Engineer for approval prior to
plan and specification submittal if using the self-certification process or with the plans and
specifications if using the standard process. Pavement design shall be in accordance with the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Ordinance # 1693: Effective March 24, 2007. page 44-4
426
B. Alleys. In subdivisions where alleys are proposed, a 20-foot wide right-of-way shall be
provided. The driving surface of the alley shall be 16 feet wide and shall be improved with
gravel.
1. Subdividers may elect to pave subdivision alleys provided that adequate stormwater
facilities are available.
2. Alleys shall be designed and constructed in accordance with the City of Bozeman
Design Standards and Specifications Policy and the City of Bozeman Modifications
to Montana Public Works Standard Specifications, and subject to approval by the
City Engineer.
3. Alleys used for backing under §18.46.020.D, BMC shall be designed to provide the
required aisle width.
C. Traffic Progression. Traffic progression will be of paramount importance. Consequently, all
potential intersections with signals will be placed on quarter-mile points unless otherwise
approved by the City Engineer.
D. Level of Service Standards. Streets and intersection level of service “C” shall be the
design and operational objective, and under no conditions will less than level of
service “D” be accepted. All arterial and collector streets, and movements on
intersection approach legs designated as arterial or collector streets, shall operate at a
minimum level of service “C”. Level of Service (LOS) values shall be determined
by using the methods defined by the Highway Capacity Manual – 2000. A
development shall be approved only if the LOS requirements are met by the
developer through mitigation measures. The design year for necessary improvements
shall be a minimum of fifteen years following construction of said improvements.
Movements on intersection approach legs designated arterial or collector streets shall
be evaluated as follows:
1. Signalized intersections shall have a minimum acceptable LOS of “C” for the
intersection as a whole; individual movement and approach leg LOS lower that “C”
shall be allowed such that the total intersection LOS is a “C” or higher;
2. Unsignalized intersections shall have a minimum acceptable LOS of “C” for
the intersection as a whole for four-way stop controlled; individual movement and
approach leg LOS lower that “C” shall be allowed such that the total intersection LOS
is a “C” or higher;
3. Two-way stop-controlled (TWSC) intersections shall have a minimum
acceptable LOS of “C” or higher for the stop controlled, minor legs; and
4. An intersection with a roundabout shall have a minimum acceptable LOS of
“C” or higher for the intersection as a whole.
E. Timing. The installation of street improvements shall comply with the timing requirements
of Chapter 18.74, BMC.
18.44.070 STREET LIGHTING
A. Standards. For street lighting standards, please refer to §18.42.150, BMC
B. Timing. For the timing of street lighting improvements, please refer to §18.74.030.B.3,
BMC.
Ordinance # 1693: Effective March 24, 2007. page 44-5
427
18.44.080 SIDEWALKS
A. General. City standard sidewalks (including a concrete sidewalk section through all private
drive approaches) shall be constructed in all developments on all public and private street
frontages, except for alleys. The requirements of the City of Bozeman Design Standards and
Specifications Policy and the City of Bozeman Modifications to Montana Public Works
Standard Specifications shall apply.
B. Sidewalks Adjacent to Public Lands. The developer shall install sidewalks adjacent to public
lands, including but not limited to, parks, open space, and the intersection of alleys and
streets or street easements.
C. Timing. The following requirements regarding the timing of the installation of sidewalks
shall apply:
1. For subdivision improvements, please refer to §18.74.030.B.2, BMC.
2. For site development improvements, sidewalks shall be installed prior to issuance of
an occupancy permit, or shall be subject to an approved improvements agreement and
financially guaranteed, as specified in Chapter 18.74, BMC.
18.44.090 ACCESS
A. General. All final site plans and plats shall contain a statement requiring lot accesses to be
built to the standard contained in this section, the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications.
1. Lot Access Standards. The drive approach shall be constructed in accordance with
the City’s standard approach, which includes a concrete apron, sidewalk section and
drop-curb.
a. A City curb cut and sidewalk permit must be obtained from the Engineering
Department prior to installation of the approach.
2. Access shall comply with any City-adopted Uniform Fire Code.
B. Drive Access From Improved Public Street, Approved Private Street or Alley Required.
1. For purposes of this code, “improved” public street, approved private street, or alley
means and includes:
a. Any street or alley within the City constructed to a standard which meets or
exceeds standards established by this title, the City of Bozeman Design
Standards and Specifications Policy, and the City of Bozeman Modifications
to Montana Public Works Standard Specifications;
b. Constructed public streets which may not meet current City standards but
which are constructed to a standard that has historically provided an adequate
level of service to adjacent properties, which level of service would not be
degraded as a result of a pending development proposal.
2. Unless otherwise allowed by this title, all lots shall be provided with legal and
physical access via one of the following options:
a. Twenty-five feet of frontage on a public or approved private street;
b. Twenty-five feet of frontage on a public or approved private street AND an
improved alley; or
Ordinance # 1693: Effective March 24, 2007. page 44-6
428
c. Twenty-five feet of frontage on an improved alley AND a greenway corridor
or trail corridor with public access. This option may require additional
improvements to the alley to accommodate emergency access, snow removal
and storage, and the provision of utilities. The alley may also require signage
for the provision of emergency services.
C. Drive Access Requirements.
1. Drive accesses are required for commercial parking lots and parking lots for
residential developments subject to the site plan review procedures of Chapter 18.34,
BMC. Parking areas for residential developments subject to the sketch plan review
procedures of §18.34.050, BMC, may take access directly from an improved public
street, approved private street or improved alley as defined in subsection (B)(1) of
this section with access provided according to the provisions of this section and
§18.46.020.D, BMC.
2. All drive accesses installed, altered, changed, replaced or extended shall comply with
the following requirements:
a. Residential.
(1) Residential lots shall not have direct access to arterials or collectors,
unless the standards contained in Table 44-3 are complied with;
(2) Single-household drive access openings shall not exceed 24 feet in
width measured at the right-of-way line and 34 feet in width measured
at the curb line. All residential complexes for fewer than five
households are considered single-household residences for the purpose
of this section;
(3) Adjoining accesses for townhouses shall not exceed a combined total
of 40 feet in width measured at the right-of-way line. Townhouses
with physical separation between drive accesses shall be reviewed as
single-household drive access. For the purposes of this section,
physical separation means a landscaped area greater than or equal to
10 feet in width between paved areas and extending from the front line
of the building to the right-of-way line; and
(4) Residential complexes with five or more dwelling units shall be
considered commercial (nonresidential) establishments for the purpose
of§18.44.090.C, except that separated parking facilities for individual
townhouse units shall be considered the same as single-household
parking facilities.
b. Nonresidential.
(1) Commercial drive access widths shall be a maximum of 35 feet
measured at the inside edge of the drive access extended, at its
intersection with the projected curb line of the intersecting street. Two-
way drive access shall be a minimum of 24 feet and one-way drive
access shall be a minimum of 16 feet.
(2) Industrial drive access widths shall be a maximum of 40 feet measured
at the inside edge of the drive access extended, at its intersection with
the projected curb line of the intersecting street. Two-way drive
accesses shall be a minimum of 24 feet and one-way drive accesses
shall be a minimum of 16 feet.
Ordinance # 1693: Effective March 24, 2007. page 44-7
429
c. Drive accesses for all multiple tenant commercial buildings or
complexes/centers, or industrial drive accesses shall be set back a minimum of
20 feet from the adjacent property line unless such drive access is approved as
a shared drive access.
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or
uses generating very heavy periodic traffic conflicts shall be located not closer
than 200 feet to any pedestrian or vehicular entrance or exit to a school,
college, university, church, hospital, public emergency shelter or other place
of public assembly.
e. All commercial and industrial drive accesses on arterial streets shall have 15-
foot return radii unless otherwise approved by the Director of Public Service.
All commercial and industrial drive accesses on other streets may have either
return radii or depressed curbs. The minimum radius allowed is 4 feet.
D. Spacing Standards for Drive Accesses.
1. General.
a. Consolidation of access points onto public streets, to achieve a distance
between access points in excess of the minimum standards in this section, is
desired and shall be considered during all levels of site plan review.
b. For the purposes of this section public or private access means any street,
alley, driveway or other point of vehicular access to a publicly controlled
street.
c. The distance between public and/or private accesses on a public street shall be
measured between the right-of-way line for public accesses and the nearest
inside edges of private accesses according to the following distances specified
in subsections 2 and 3 below.
d. Subsection D of this section does not apply to single-household, duplex or
triplex structures on individual lots.
2. Standards for Development Approved Before July 10, 2002. The provisions of this
section apply to development proposals receiving preliminary approval by the final
decision making body prior to July 10, 2002.
a. Distance from Intersection. Public or private access distance from street
intersections shall be subject to the following minimum dimensions:
Table 44-1
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Distances from
Intersection
Distances from
Intersection
Distances from
Intersection
Nearest
Intersectin
g Street
Resident
ial
District
Commerc
ial/Indust
rial
District
Residentia
l District
Commerc
ial/Indust
rial
District
Resident
ial
District
Commerc
ial/Indust
rial
District
Arterial 150' 200' 100' 150' 40' 100'
Collector 150' 150' 40' 150' 40' 80'
Ordinance # 1693: Effective March 24, 2007. page 44-8
430
Local 100' 150' 40' 100' 40' 80'
Note: All distances shall be measured from the inside edge of the access, extended at
its intersection with the projected curb line of the intersecting street, to the right-of-
way line, along the street frontage right-of-way line See Figure 18.44.090 in
Appendix A..
b. Distance Between Public and/or Private Accesses Standards. The distance
between public and/or private accesses shall be subject to the following
minimum dimensions:
Table 44-2
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Minimum
Spacing
Residenti
al District
Commerc
ial/Indust
rial
District
Residenti
al District
Commerc
ial/Indust
rial
District
Residentia
l District
Commerc
ial/Indust
rial
District
Partial
Access1 80' 150' 60' 80' 40' 60'
Full
Access2 100' 150' 100' 150' 40' 80'
Minimum
Separatio
n 60' 100' 60' 80' 40' 60
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3. Standards for Development Approved after July 10, 2002. This section shall apply to
all development receiving preliminary approval after July 10, 2002. These standards
apply to the minimum distance between public and/or private accesses and
intersections, and the minimum distance between public and/or private accesses and
other public and/or private accesses.
Table 44-3
Access Located
on Arterial
Streets
Access Located
on Collector
Streets
Access Located
on Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial Access1 315' 150' 40'3
Full Access2 660' 330' 40'3
Minimum Separation 315' 150' 40'
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out. 3Accesses on local streets shall be at least 150 feet from an intersection with an arterial.
E. Number and Location of Drive Accesses.
1. Single-household uses shall be limited to one drive access per street face, except on
properties abutting arterial streets in which case shared accesses, or driveways
facilitating the turning of automobiles on-site, shall be required.
Ordinance # 1693: Effective March 24, 2007. page 44-9
431
2. Notwithstanding any other provisions of this title, drive accesses may not be located
closer than 5 feet to any side property line, unless shared access, as defined in
§18.80.2770, with the adjoining property is approved. This standard does not apply to
the shared side property line of townhouses units with adjacent garages using attached
driveways.
F. Shared Drive Access. The City desires and encourages sharing access drives, as defined in
Chapter 18.80, BMC, between separate parcels.
G. Access Approval Required. All drive accesses shall be approved by the City Engineer for
width and location.
H. Modifications of Property Access Standards.
1. Some of the standards listed in subsections C through E of this section, may be
relaxed by the City Engineer if it is shown during the development review process
that more efficient design can be accomplished without jeopardizing the public’s
health, safety and welfare, the intent of this title, or the intent of the City’s growth
policy.
2. Modifications from access standards shall be approved at the discretion of the City
Engineer.
3. Commercial developments (including residential complexes for five or more
households) which may not be able to meet the requirements of subsections C
through E of this section, and are requesting modifications from the standards, shall
submit to the City Engineer a report certified by a professional engineer addressing
the following site conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the City Engineer shall determine whether a modification
from the required standards is justified and, if so, what alternative requirements will
be necessary.
18.44.100 STREET VISION TRIANGLE
A. Arterial Streets. On corner lots on arterial streets in all districts, no fence, wall or planting in
excess of 30 inches above the street centerline grade shall be permitted within a triangular
area defined as follows: beginning at the intersection of the projected curblines of the two
intersection streets, thence 50 feet along one curb line, thence diagonally to the point 50 feet
from the point of beginning on the other curblines, then to the point of beginning.
B. Collector and Local Streets. On corner lots, on collector and local streets, in all districts, no
fence, wall or planting in excess of 30 inches above the street centerline grades shall be
permitted within a triangular area defined as follows: beginning at the intersection of the
projected curblines of two intersecting streets, thence 40 feet along one curb line, thence
diagonally to a point 40 feet from the point of beginning on the other curb line, then to the
point of beginning.
Ordinance # 1693: Effective March 24, 2007. page 44-10
432
C. Driveways and Alleys. At the intersection of each driveway or alley with a street, no fence,
wall or planting in excess of 30 inches above the street centerline grade shall be permitted
within a triangular area where corners are defined by two points on the right-of-way line, 15
feet on each side of the centerline of the driveway or alley and a point on centerline 10 feet
outside the right-of-way. Any driveway or alley wider than 30’ curb to curb at the right-of-
way line shall use the vision triangle standard for local streets when intersecting local,
collector, or arterial streets.
D. Provision for Trees in Street Vision Triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision
triangles as described in this section, provided that mature trees do not significantly
affect safe driving conditions and are maintained such that no canopy foliage exists
below a height of 10 feet above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption
of this title may be allowed to remain, provided the trees are trimmed such that no
limbs or foliage exist below a height of 10 feet above centerline grades of intersecting
streets.
E. For an illustration of the requirements of this section see Figure 18.44.100 in Appendix A.
18.44.110 TRANSPORTATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth policy,
the Greater Bozeman Area Transportation Plan Year 2001 Update, any adopted Citywide
park plan, and any adopted Park Master Plan, and shall comply with City of Bozeman design
specifications. See also §§18.42.100, 18.50.070 and 18.50.110, BMC.
B. Pathway Categories. The DRC shall be responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision and planned unit
development proposals, this determination shall be made during the pre-application process.
1. Transportation Pathways. Developers shall install transportation pathways, to
provide adequate multimodal transportation facilities within the development, as part
of the required development improvements. Transportation pathways shall be ADA
accessible, and include the following types of facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail corridors within required watercourse
setbacks, corridors for Class I trails shall be dedicated to the City. The
dedicated trail corridor shall be at least 25 feet in width to ensure
adequate room for the construction, maintenance and use of the trail.
Transportation trail corridors can not be used to satisfy park land
dedication requirements.
e. Pathways that connect community or neighborhood commercial nodes by a
reasonably direct route; or
f. Pathways that connect major residential, employment, educational, or other
service nodes by a reasonably direct route.
Ordinance # 1693: Effective March 24, 2007. page 44-11
433
2. Recreation Pathways. For the definition of recreation pathways, please see
§18.50.110.B, BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge design and construction shall
comply with City specifications and standards, and shall be submitted to the Planning
Department for review and approval. Any necessary permits for bridges shall be obtained by
the developer from the appropriate agency prior to installation of the stream crossings.
D. Trail Requirements. The class of the trail shall be determined by the Recreation and Parks
Advisory Board, and the trail shall be designed and constructed according to any adopted
park or recreation plan or other City specifications and standards. Trails and bridges must
meet Americans with Disabilities Act (ADA) specifications for recreational facilities and
maintain a natural appearance. Trail plans and specifications shall be submitted to the
Planning Department for review and approval prior to installation.
E. Bicycle Lanes and Boulevard Trails. Wherever new streets are to be developed as a result of
a development proposal, or wherever existing streets or roads are required to be improved,
and upon a recommendation from the Bozeman Bicycle Advisory Board (BBAB), the
developer may be required to incorporate striped bicycle lanes along the shoulder, meeting
current AASHTO standards, into the design and construction or improvement of the streets
or roads. The decision to install a boulevard trail instead of a bike lane shall be based on the
Bike Route Network Map (Figure 6-4) contained in the Greater Bozeman Area
Transportation Plan Year 2001 Update. The City Commission may consider exceptions
based on the particular characteristics of a transportation corridor and recommendations from
the DRC and the BBAB. Boulevard trails and bike lanes shall be designed and constructed
in accordance with the Greater Bozeman Area Transportation Plan Year 2001 Update and
any other applicable City specifications and standards.
F. Pathway Maintenance. Trails within and adjacent to the proposed development, as well as
off-street pathways (i.e., sidewalks and boulevard trails) along external development streets,
shall be maintained (including snow removal) in accordance with an approved maintenance
plan by the developer until 50 percent of the lots within the development area sold.
Thereafter the property owners association shall be responsible for maintenance. The
property owners association may establish an improvement district to collect assessments to
pay for the maintenance.
G. Pathway Easements. Where pathways cross private land or common open space, the proper
public access easements shall be provided. Public access easements for pathways shall be at
least 25 feet wide.
H. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse
setbacks shall not be dedicated to the City, and such land may not be used to satisfy park land
dedication requirements. When publicly accessible trails are established within required
watercourse setbacks, public access easements at least 25 feet in width shall be provided to
ensure adequate room for the construction, maintenance and use of the trail.
I. Corridors for transportation pathways shall not be used to satisfy park land dedication
requirements.
18.44.120 PUBLIC TRANSPORTATION
A. Street Design. All interior and exterior development streets that are designated as transit
routes shall be designed to accommodate transit vehicles and facilities. Transit
considerations for street design include, but are not limited to:
Ordinance # 1693: Effective March 24, 2007. page 44-12
434
Ordinance # 1693: Effective March 24, 2007. page 44-13
1. Pavement design;
2. Lane width;
3. Corner radii;
4. Street grade;
5. Curb height; and
6. Right-of-way width.
B. Other Transit Considerations. Developments with designated transit routes shall be designed
with consideration to the following requirements:
1. Spacing of Transit Stops. All lots within the development shall be not further than
one-half mile from a designated transit route;
2. Length of Transit Stops. Developments shall be designed to accommodate a bus
length of at least 90 feet on designated transit routes;
3. Distance from Intersection. Transit stops shall be at least 5 feet from pedestrian
crosswalks or the end of corner radii;
4. Driveway Conflicts. Lots and lot accesses shall be configured to avoid conflicts with
transit stops; and
5. Lighting. Subdivision street lighting shall be configured to provide adequate lighting
at transit stops.
C. If any streets on the interior or exterior of the development are designated as transit routes,
the City Commission may require the developer to provide transit facilities such as transit
stop signage, benches, bike racks, lighting and bus shelters.
435
CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 GENERAL
All applications and supplemental material, including all copies of plats and site development plans,
shall be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for
distribution. All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in
size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire
submittal (applications, supplemental material, plat and plans) shall be provided as required.
18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS
The developer shall provide the Planning Department with a copy of all required streambed,
streambank or wetlands permits, or written notification from the appropriate agency that a permit is
not required, prior to the commencement of any work on the site and/or final plat approval,
whichever is sooner. These permits include, but are not limited to:
A. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection
Bureau, Fisheries Division, Montana Fish, Wildlife and Parks
B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the
Board of Supervisors, Gallatin Conservation District
D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit).
Administered by the City of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers
and the U.S. Environmental Protection Agency
F. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps
of Engineers
G. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by
Montana Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the
Montana Department of Natural Resources and Conservation
I. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by
the Water Rights Bureau, Montana Department of Natural Resources and Conservation
18.78.030 SUBDIVISION PRE-APPLICATION PLAN
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 shall include:
A. Sketch Map. A sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. 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.
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436
3. Location of all existing structures, including buildings, railroads, powerlines towers,
and improvements inside and within 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. The zoning
proposed for the subdivision, if a change is contemplated.
B. Topographic Features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
1. A current U.S. Geological Survey topographic map at the largest scale available with
the subdivision clearly outlined.
2. Embankments, water courses, 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 §18.78.020, BMC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment,
and storage facilities.
D. Subdivision Layout. The proposed layout of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas
for each block, tract and lot.
2. Street location, right-of-way width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space or other public areas,
with boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas, condominiums,
manufactured housing community and uses other than single-household residences.
E. Development Plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location. A title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
H. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
I. Waivers. List of waivers requested from the requirements of §18.78.060, BMC shall be
submitted with the preapplication. The DRC shall be responsible for granting waivers, and
the Planning Department staff shall notify the developer in writing of any waivers granted
from §18.78.060, BMC after the preapplication meeting or plan review.
J. Parks and Recreation Facilities. The following information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
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437
b. The zoning and ownership for adjacent properties;
c. The location of any critical lands (wetlands, riparian areas, streams, etc.);
d. General description of land, including size, terrain, details of location and
history, and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
K. Digital (PDF) copy of entire submittal.
L. Affordable Housing. Describe how the subdivision proposes to satisfy the requirements of
Title 17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch,
and may show approximate boundaries, dimensions, distances and areas, unless specifically noted.
The plat shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate
information is required, surveying and engineering data shall be prepared under the supervision of a
registered engineer or registered land surveyor, licensed in the State of Montana, as their respective
licensing laws allow. The plat submittal shall include the following:
A. Pre-application Information. All information required with the pre-application plan, as
outlined in §18.78.030, BMC.
B. 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.
C. 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.
D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
F. 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 shall be given.
G. Section Corner. The approximate location of all section corners or legal subdivision corners
of sections pertinent to the subdivision boundary.
H. Phased Improvements. If the improvements required are to be completed in phases after the
final plat is filed, the approximate area of each phase shall be shown on the plat.
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Table 78-1
Where the average slope
is: Contour intervals shall be:
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438
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
J. Waivers. List of waivers granted from the requirements of §18.78.070, BMC during the
preapplication process shall be submitted with the preliminary plat application.
K. 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 shall include a
written request from the developer’s professional engineer, licensed in the State of Montana,
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
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
The following supplemental information shall be submitted with the preliminary plat.
A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Map. Map of entire subdivision on an 8½” x 11", 8½” x 14", or 11" x 17" sheet.
C. Variances. A written statement describing any requested subdivision variance(s) and the
facts of hardship upon which the request is based (refer to Chapter 18.66, BMC).
D. Property Owners. A certified list of adjoining property owners, their mailing addresses and
property description, including property owners across public rights-of-way and/or
easements. The names and addresses shall also be provided on self-adhesive mailing labels,
one set of labels for first minor subdivisions or subdivisions eligible for summary review,
and three sets of labels for all other subdivisions.
E. Documents and Certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the property owners
association.
2. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or driveways intersect state, county or city
highways, streets or roads.
3. A letter of approval or preliminary approval from the City of Bozeman where a
zoning change is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and
other required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. 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 shall be provided.
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439
H. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with
the Montana County Noxious Weed Control Act (§7-22-21, MCA). The developer shall
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 shall be
submitted with the preliminary plat application. This plan shall ensure the control of noxious
weeds upon preliminary plat approval and the revegetation of any land disturbed during the
construction of subdivision improvements.
I. Sanitation Information. When the subdivision does not qualify for the certification
established in §18.06.050, BMC, the subdivider shall provide the information regarding
sanitation set forth in §76-3-622, MCA.
18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all
subdivisions unless waived by the Development Review Committee during the pre-application
process. The developer shall 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 title and the Montana Subdivision and Platting Act. The
need for additional information shall be determined during the pre-application process.
A. Surface Water.
1. 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:
a. 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.
b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
2. Description. 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.
a. Describe proximity of proposed construction (such as buildings, sewer
systems, streets) to surface waters.
3. 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 Chapter
18.58, BMC, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this
title, then a delineation of the wetland(s) shall be shown on the preliminary and final
plats.
5. Permits. Include copies of any permits listed in §18.78.020, BMC that have been
obtained for the project.
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440
B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. Groundwater.
1. 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
shall 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.
2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation
of groundwater and groundwater recharge areas.
D. Geology - Soils - Slopes.
1. 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.
2. 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 above.
3. 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.
4. Soils Map. The subdivision shall be overlaid on the Gallatin 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 shall provide the following soil
reports, which can be obtained from the NRCS:
a. The physical properties and engineering indexes for each soil type;
b. Soil limitations for building and site development, and water features for each
soil type;
c. Hydric soils report for each soil type. If hydric soils are present, the developer
shall provide a wetlands investigation by a certified consultant, using the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(January, 1987); and
d. The developer shall provide any special design methods planned to overcome
the above limitations.
5. 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.
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441
Where cuts or fills are necessary, describe any plans to prevent erosion and to
promote revegetation such as replacement of topsoil and grading.
E. Vegetation.
1. Vegetation Map. On a plat overlay or sketch map:
a. Indicate the distribution of the major vegetation types such as marsh,
grassland, shrub, coniferous forest, deciduous forest or mixed forest.
b. Identify 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.
2. Protective Measures. Describe measures to preserve trees and critical plant
communities (e.g., design and location of streets, lots and open spaces).
F. Wildlife.
1. Species. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
2. 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.
3. Pets/Human Activity. Describe the expected effects of pets and human activity on
wildlife.
4. Public Access. Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. 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 marshland as undeveloped open space).
6. The developer shall discuss the impact of the proposed development on fish and
wildlife with the Montana Department of Fish, Wildlife and Parks (FWP). With the
preliminary plat, the developer shall provide written documentation from FWP that:
a. Verifies that FWP has reviewed the proposed plat;
b. Lists any FWP recommendations; and
c. Outlines any mitigation planned to overcome any adverse impacts.
G. Historical Features.
1. Affected Areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archeological, or cultural sites, structures, or
objects which may be affected by the proposed subdivision.
2. Protective Measures. Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall 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 shall provide written documentation
from SHPO that:
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442
a. Verifies that SHPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines any plans for inventory, study, and/or preservation; and
d. Describes any mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural
history, archeology, art history, historic preservation, anthropology and cultural
resource management.
H. Agriculture.
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
3. The productivity of the land.
4. Whether or not the property is part of a viable farm unit, and whether the property
was under production during the last regular season.
5. What measures will be taken, if any, to control family pets.
6. Fencing of Agricultural Land. Describe any existing fence lines around the
subdivision 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 will share with the owner of the agricultural lands in the
continued maintenance of the fence.
I. Agricultural Water User Facilities.
1. Type, description, ownership and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facility is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realignment(s). All realignments must comply with all
relevant requirements of state law.
J. 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 to serve the proposed subdivision.
K. Stormwater Management. A stormwater management plan shall be submitted with the
preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots, including;
1. The plan shall depict the retention/detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. Stormwater receiving channels shall be clearly
identified for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly
for the basin sites, drainage ways and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
3. Any necessary stormwater easements.
L. Streets, Roads and Alleys.
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443
1. 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 shall demonstrate that the land to be subdivided has access onto a legal
street.
2. 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
§18.44.090, BMC
3. Modification of Existing Streets, Roads or Alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. 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.
6. 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.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Engineers Trip
Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
any mitigation techniques.
b. The report shall include the following information:
(1) 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.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown
separately).
(3) AM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) All major drive accesses that intersect collector or arterial
streets or roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections within one mile of the site, or as required by the
Director of Public Service City Engineer during the pre-
application review, concept plan review, or informal project
review .
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444
7. 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.
8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer shall provide written documentation of
the following:
1. Affected Utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
2. Include a Description of.
a. The method of furnishing electric, natural gas, cable TV, internet or telephone
service, where provided.
b. Estimated timing of each utility installation.
c. The developer shall provide a written statement from the utility companies
that the proposed subdivision can be provided with service.
N. 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.
O. Land Use.
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single-household;
b. Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., duplex, four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Manufactured housing community (number of units);
f. Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land
used to meet parkland dedication requirements:
1. Park plan, including:
a. Site plan for the entire property; showing developer installed improvements
on the initial park plan and proposed future improvements on the future park
plan;
b. Drainage areas;
c. Utilities in and adjacent to the property;
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445
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
f. Park landscaping plan, prepared by a qualified landscape professional in
accordance with §18.78.100, showing the location and specific types and
species of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size, terrain, details of location and
history, and proposed activities;
h. Trail design and construction showing compliance with adopted City
standards and trail classifications;
i. The requirement for approval of the final park plan by the City Commission
with a recommendation from the Bozeman Recreation and Parks Advisory
Board prior to any site work;
j. The requirement for a preconstruction meeting prior to any site work;
j. Appropriate sections from the “Design Guidelines for City of Bozeman
Parks”;
k. Cost estimate and installation responsibility for all improvements;
l. If playground equipment will be provided, information including the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
m. Soils information and analysis.
2. Park Maintenance.
a. Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including responsible parties; and
c. Plan for garbage collection, snow removal and leaf removal including
responsible parties.
3. Irrigation Information.
a. 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
b. If a well will be used for irrigation, a certified well log shall be submitted
showing depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phasing. If improvements will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
Q. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for
all subdivisions containing a neighborhood center.
R. Lighting Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. For subdivision applications where lighting is required or proposed, lighting plans
shall be submitted to the City for review and approval, and shall include:
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446
a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
ordinance.
c. 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.
d. The lighting plan shall 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.
e. Lighting calculations shall include only the illuminated areas; areas occupied
by buildings or other non-lighted areas shall be excluded from calculations.
2. When requested by the City of Bozeman, the applicant shall 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.
3. Post-approval alterations to lighting plans or intended substitutions for approved
lighting shall only be made after City of Bozeman review and approval.
S. Miscellaneous.
1. 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.
2. 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 should 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.
T. Affordable Housing. Describe how the subdivision will satisfy the requirements of Title 17
Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots
designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the
allowable building envelope shall be depicted.
18.78.070 FINAL PLAT
A final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of the Director of Public Service 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
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447
that no real property taxes and special assessments assessed and levied on the land to be subdivided
are delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
(§8.94.3003, ARM).
B. A letter from the City Engineer shall be submitted to the Planning Department with the final
plat application, where applicable, certifying that the following documents have been
received:
1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for
public improvements, including a complete grading and drainage plan.
2. Copy of the state highway access or encroachment permit where a street created by
the plat will intersect with a state highway.
C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval,
and a copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan
shall be submitted to the City of Bozeman for review and approval prior to final plat. The
installation of any park improvements to meet minimum development standards or
conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be
reviewed and approved by the City Commission, with a recommendation from the Bozeman
Recreation and Parks Advisory Board. The final park plan shall include all of the
information listed in §18.78.060.P of this chapter.
E. Irrigation System As-Builts. The developer shall 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 shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves,
quick couplers, drains and control box.
F. Affordable Housing. The developer shall provide a description of how the subdivision has
complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly
identify those lots designated as subject to Title 17, Chapter 2, BMC compliance
requirements and to make the obligations placed on the affected lots readily understandable.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall be accompanied by the appropriate
fee and development plans showing sufficient information for the approval authority to determine
whether the proposed development will meet the development requirements of the City.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
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d. Name and mailing address of engineer/architect, landscape architect and/or
planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their intent
to comply with the requirements of the Bozeman Municipal Code and any
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of property owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and heavy equipment will travel
to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential
character or pose a threat to public health and safety.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, existing
conditions on-site or conditions on-site which would result from the proposed development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
b. Estimated total floor area and estimated ratio of floor area to lot size (floor
area ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(4) Public street right-of-way;
6. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
7. Location, identification and dimension of the following existing and proposed data,
on-site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary,
exclusive of public rights-of-way, unless otherwise stated:
a. Topographic contours at a minimum interval of 2 feet, or as determined by the
Planning Director;
b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for
sites adjacent to major arterial streets where the distances shall be 200 feet;
c. On-site streets and rights-of-way;
d. Ingress and egress points;
e. Traffic flow on-site;
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f. Traffic flow off-site;
g. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(3) Floodplains as designated on the Federal Insurance Rate Map or that
may otherwise be identified as lying within a 100-year floodplain
through additional floodplain delineation, engineering analysis,
topographic survey or other objective and factual basis; and
(4) A floodplain analysis report in compliance with Chapter 18.58 of this
title if not previously provided with subdivision review;
i. Grading and drainage plan, including provisions for on-site
retention/detention and water quality improvement facilities as required by the
Engineering Department, or in compliance with any adopted storm drainage
ordinance or best management practices manual adopted by the City;
(1) All drainageways, streets, arroyos, dry gullies, diversion ditches,
spillways, reservoirs, etc. which may be incorporated into the storm
drainage system for the property shall be designated:
(a) The name of the drainageway (where appropriate);
(b) The downstream conditions (developed, available
drainageways, etc.); and
(c) Any downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
k. Sidewalks, walkways, driveways, loading areas and docks, bikeways,
including typical details and interrelationships with vehicular circulation
system, indicating proposed treatment of points of conflict, a statement
requiring lot accesses to be built to the standard contained in this section, the
City of Bozeman Design Standards and Specifications Policy, and the City of
Bozeman Modifications to Montana Public Works Standard Specifications;
l. Provision for handicapped accessibility, including but not limited to,
wheelchair ramps, parking spaces, handrails and curb cuts, including
construction details and the applicant’s certification of ADA compliance;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse collection areas, including typical details;
p. A site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere
with lighting, and adjacent uses, containing a layout of all proposed fixtures
by location and type. The materials required in §18.78.060.R, BMC, if not
previously provided;
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q. Curb, asphalt section and drive approach construction details;
r. Landscaping (detailed plan showing plantings, equipment, and other
appropriate information as required in §18.78.100, BMC);
s. Unique natural features, significant wildlife areas and vegetative cover,
including existing trees and shrubs having a diameter greater than 2.5 inches,
by species;
t. Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin County’s
Bozeman Area Zoning Jurisdiction, within or near the development;
v. Existing zoning within 200 feet of the site;
w. Historic, cultural and archeological resources, describe and map any
designated historic structures or districts, and archeological or cultural sites;
and
x. Major public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access drives,
bicycle racks, compact spaces, handicapped spaces and motorcycle parking, on-street
parking, number of employee and non-employee parking spaces, existing and
proposed, and total square footage of each;
9. The information required by §18.78.060.L, BMC, unless such information was
previously provided through a subdivision review process, or the provision of such
information was waived in writing by the City during subdivision review of the land
to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application;
9. The information required by §18.78.060.L, BMC, subject to the following exceptions:
a. Such information was previously provided through a subdivision review
process; or
b. The provision of such information was waived in writing by the City Engineer
during subdivision review of the land to be developed; or
c. The provision of such information is waived in writing by the City Engineer
prior to submittal of a preliminary site plan application; or
d. The application for site plan approval involves the redevelopment of property
located within the City’s established Neighborhood Conservation Overlay
District; or
e. The application for site plan approval involves the adaptive reuse of an
existing building, regardless of its location within the City.
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or
structure(s);
b. Height above mean sea level of the elevation of the lowest floor and location
of lot outfall when the structure is proposed to be located in a floodway or
floodplain area;
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c. Floor plans depicting location and dimensions of all proposed uses and
activities; and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to
the suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed
control plan complying with §18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this
title.
15. The information necessary to complete the determination of density change and
parkland provision required by §18.50.020.B, BMC, unless such information was
previously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If a
new park will be created by the development the park plan materials of §18.78.060.P,
BMC shall be provided.
16. Affordable Housing. Describe how the site plan will satisfy any requirements of Title
17 Chapter 2, BMC which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a
site plan. The description shall be of adequate detail to clearly identify those lots and
dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots and dwellings readily
understandable.
18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Submittal Requirements for Certificates of Appropriateness. All development proposals
requiring certificates of appropriateness (i.e. located in a neighborhood conservation or
entryway corridor overlay districts) shall submit the following information in addition to any
sketch plan, site plan or special development submittal requirements for the proposal:
1. Neighborhood Conservation Overlay District. Certain information shall be provided
to the appropriate review authority to review prior to granting or denying a certificate
of appropriateness. The extent of documentation to be submitted on any project shall
be dictated by the scope of the planned alteration and the information reasonably
necessary for the appropriate review authority to make its determination. At a
minimum, the following items shall be included in the submission:
a. Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered
and such additional pictures of the specific elements of the structure or
property to be altered that will clearly express the nature and extent of change
planned. Except when otherwise recommended, no more than eight pictures
should be submitted and all pictures shall be mounted on letter-size sheets and
clearly annotated with the property address, elevation direction (N, S, E, W)
and relevant information;
c. Sketch plan or site plan information, as per §18.34.050 or §18.34.060, BMC;
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d. Historical information, including available data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express
the applicant’s proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested by the Planning Department;
i. It is further suggested that the applicant seek comments from the
neighborhood or area; and
j. Description of any applicant-requested deviation(s) and a narrative
explanation as to how the requested deviation(s) will encourage restoration
and rehabilitation activity that will contribute to the overall historic character
of the community.
2. Entryway Overlay District.
a. Depending on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined in
§18.66.050, BMC, the application for deviation shall be accompanied by
written and graphic material sufficient to illustrate the conditions that the
modified standards will produce, so as to enable the City Commission to make
the determination that the deviation will produce an environment, landscape
quality and character superior to that produced by the existing standards, and
will be consistent with the intent and purpose of Chapter 18.30, BMC.
18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
A These landscape regulations apply to a lot or site subject to plan review and approval
outlined in Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the
site plan application unless the required landscape information can be included in a clear and
uncluttered manner on a site plan with a scale where 1 inch equals 20 feet.
B. Landscape Plan Format. The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and
2. Standard drawing sheet of a size not to exceed 24- by 36-inches. A plan which
cannot be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more
sheets, with match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by:
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and two years of professional design
experience in Montana; or
3. An individual with a degree in a related field (such as horticulture, botany, plant
science, etc.) and at least five years of professional landscape design experience, of
which two years have been in Montana.
D. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the
following information:
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1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and
the location of any 100-year floodplain; the approximate location of significant
drainage features; and the location and size of existing and proposed streets and
alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or
adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the
plan, including typical symbols, names (common and botanical name), locations,
quantities, container or caliper sizes at installation, heights, spread and spacing. The
location and type of all existing trees on the lot over 6 inches in caliper must be
specifically indicated;
8. Complete illustration of landscaping and screening to be provided in or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location
of required off-street parking and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and protected
from damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures,
and water features;
11. A description of proposed watering methods;
12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of “points” earned by the plan (see §18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per §18.42.100, BMC, if not previously
provided through subdivision review; and
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections
from exterior building walls.
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454
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall
also show site boundaries, street and alley frontages with names, and location of all structures with
distances to the nearest foot between buildings and from buildings to property lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
The following material shall be submitted for review with each planned unit development.
A. Submittal Requirements for Pre-applications. The following information and data shall be
submitted for pre-application review. The number of copies required shall be determined by
the Planning Department:
1. Data regarding site conditions, land characteristics, available community facilities
and utilities and other related general information about adjacent land uses and the
uses of land within one-half mile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one-half mile of the site;
and
3. A computation table showing the site’s proposed land use allocations by location and
as a percent of total site area.
B. Submittal Requirements for Preliminary Plans. The following information and data shall be
submitted for preliminary plan review. The number of copies required shall be determined
by the Planning Department:
1. Document Requirements. The following information shall be presented in an 8½- by
11-inch vertically bound document. The document shall be bound so that it will open
and lie flat for reviewing and organized in the following order:
a. Application forms;
b. A list of names of all general and limited partners and/or officers and directors
of the corporation involved as either applicants or owners of the planned unit
development;
c. A statement of planning objectives, including:
(1) Statement of applicable City land use policies and objectives achieved
by the proposed plan and how it furthers the implementation of the
Bozeman growth policy;
(2) Statement of:
(a) Proposed ownership of open space areas; and
(b) Applicant’s intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made by
the applicant;
(5) Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable community design objectives and criteria of §18.36.090,
BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not
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455
address the objective or criterion. The Planning Director may require,
or the applicant may choose to submit, evidence that is beyond what is
required in that section. Any element of the proposal that varies from
the criterion shall be described;
(6) Detailed description of how conflicts between land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when construction of
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental plan maps and
graphic illustrations at 8½- by 11-inches or 11- by 17-inches size.
2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of
not less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- by 36-inches, showing the information required for site plans in
§18.78.080, BMC plus the following additional information:
a. Notations of proposed ownership, public or private, should be included where
appropriate;
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
c. Attorney’s or owner’s certification of ownership.
3. Supplemental Plan Requirements.
a. Viewsheds.
(1) Looking onto and across the site from areas around the site, describe
and map the views and vistas from adjacent properties that may be
blocked or impaired by development of the site;
(2) Describe and map areas of high visibility on the site as seen from
adjacent off-site locations;
b. Street Cross Sections if Different From City Standards. Street cross-section
schematics shall be submitted for each general category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design criteria and
standards of the City are proposed;
c. Physiographic data, including the following:
(1) A description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitability for intended
construction and proposed landscaping. The description of the
hydrologic conditions shall include depth to groundwater
measurements taken May 15th through September 15th;
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456
(a) An alternative to the actual measurement of water table depth
may be offered provided that such alternative includes a
detailed soil profile, including a detailed description of the soil
which follows The National Cooperative Soil Survey Field
Book for describing soils and which provides good and
sufficient evidence to establish the presence and depth of a
seasonal water table, a land form position or location, or other
physiographic data which are sufficient to establish the
minimum depth to groundwater. Some soils are not easily
profiled to establish an off-season high water table, such as
those underlain by sand or gravel, those high in organic matter
and those with a high lime content. Physical monitoring of
these types of soils may be necessary;
(3) Locate and identify the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminary Subdivision Plat. If the project involves or requires platting, a
preliminary subdivision plat, subject to the requirements of this title relative to
subdivisions, shall be submitted;
e. Traffic Impact Analysis. Not withstanding the waiver provisions of
§18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Service
may require the traffic impact analysis to include the information in
§18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of
a concurrent subdivision review, that analysis shall meet this requirement;
f. Additional Studies and Plans. If the development’s compliance with the
community design objectives and criteria is under question, the City
Commission may require additional impact studies or other plans as deemed
necessary for providing thorough consideration of the proposed planned unit
development;
g. A proposed draft of a legal instrument containing the creation of a property
owner’s association sufficient to meet the requirements of §18.72.020, BMC
shall be submitted with the preliminary plan application.
C. Submittal Requirements for Final Plans.
1. A completed and signed application form;
2. A list of names of all general and limited partners and/or officers and directors of the
corporation involved as either applicants or owners of the planned unit development;
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the
same scale as the approved preliminary plan. If a different scale is requested
or required, a copy of the approved preliminary plan shall be submitted that
has been enlarged or reduced to equal the scale of the final plan. However,
only the scales permitted for the preliminary plans shall be permitted for final
plans.
b. The final plan site plan shall show the following information:
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457
(1) Land use data (same information as required on the preliminary site
plan);
(2) Lot lines, easements, public rights-of-way as per subdivision plat;
(3) Attorney’s or owner’s certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owner’s certification of acceptance of conditions and restrictions as
set forth on the site plan;
4. Supplemental Plans.
a. Final Landscape Plan. A final landscape plan consistent with the conditions
and restrictions of the approved preliminary plan shall be submitted. It shall
also be consistent with the Chapter 18.48, BMC, except that any stated
conditions and restrictions of the preliminary plan approval shall supersede
the provisions of Chapter 18.48, BMC;
b. Final Subdivision Plat. An official final subdivision plat of the site must
accompany the final planned unit development plan when applicable. City
approval of the final subdivision plat shall be required before issuance of
building permits;
c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR
staff, engineering plans and specifications for sewer, water, street
improvements and other public improvements, and an executed improvements
agreement in proper form providing for the installation of such improvements,
must be submitted to and approved by the City; and
d. Open Space Maintenance Plan. A plan for the maintenance of open space,
meeting the requirements of §18.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
The following information shall be submitted for all regulated activities proposed for regulated
wetland areas:
A. A description of the proposed activity;
B. A description of why avoidance and less damaging alternatives have been rejected, if
applicable;
C. A site plan which shows the delineated wetland boundary, the property boundary, all existing
and proposed structures and roads, watercourses and drainageways on the property;
D. The exact locations and specifications for all proposed regulated activities, and the direct and
indirect impact of such activities;
E. The source, type and method of transport and disposal of any fill material to be used, and
certification that the placement of fill material will not violate any applicable state or federal
statutes and regulations;
F. The names and addresses of all property owners within 200 feet of the subject property. The
names and addresses shall also be provided on self-adhesive mailing labels;
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G. Copies of any Section 404 wetland permits already obtained for the site; and
H. A completed wetland review application supplement.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
All appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80, BMC;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined by the Planning Director.
18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS
All appeals of administrative interpretations shall include:
A. Name and address of the applicant;
B. The legal description and street address of the property, if any, involved in the appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above property owners;
G. Required filing fee; and
H. Evidence to prove that the decision or action of the official for which an appeal is made was
incorrect or in violation of the terms of this title.
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
An application for a variance shall be accompanied by a development plan showing such
information as the Planning Director may reasonably require for purposes of this title. The plans
shall contain sufficient information for the Commission to make a proper decision on the matter. The
request shall state the exceptional physical conditions and the peculiar and practical difficulties
claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed
filed until, all of the following is submitted:
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A. Name and address of the applicant;
B. The legal description of the property involved in the request for variance, including the street
address, if any, of the property;
C. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
D. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above property owners;
F. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
G. Location of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
I. A clear description of the variance requested and the reasons for the request;
J. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.C, BMC;
K. Evidence satisfactory to the City Commission of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and
L. Required filing fee.
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall be submitted for review of wireless facilities as applicable. Failure
to provide required materials will result in a determination that the application is incomplete and the
application will not be processed.
A. Submittal Materials.
Table 78-2
Telecommunication Submittal Materials Micro
-scale
Small
-scale
Large
-scale
1. A detailed written description of how the applicant has complied
with, or will comply with, the applicable standards of this title,
especially those of this chapter;
X X X
2. An accurate photo simulation of the site with the proposed facility in
place. The simulation shall be to scale, and depict all planned and
expected antennae, including collocation of other carriers, on the
facility. Landscaping which is not existing or proposed on the
accompanying site plan shall not be included in the simulation unless it
exists on adjoining properties;
X X X
3. A statement of whether the proposed facility is exempt or non-
exempt from environmental review under the Rules of the FCC;
a. If the facility is claimed to be exempt, a detailed and specific citation
to the Rules of the FCC indicating the section which details the relevant
exemption provisions shall be included. If the facility is not exempt
from environmental review, a copy of the environmental review shall be
provided with the application, and the approval from the FCC for the
site shall be provided to the City of Bozeman prior to the final site plan
X X X
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Telecommunication Submittal Materials Micro
-scale
Small
-scale
Large
-scale
approval;
AND
b. If the facility is claimed to be exempt from environmental review, a
statement shall be provided, under oath and notarized, that the proposed
or existing facility does or will comply with FCC radio frequency
emission guidelines for both general population/ uncontrolled exposures
and occupational/controlled exposures as defined in the FCC rules. The
provision of false information shall result in the immediate revocation
of permits or approvals granted upon the basis of the false information
and the cessation of operation of the offending facilities;
4. When the applicant is a wireless service provider, proof that the
applicant is licensed by the FCC to provide the wireless communication
services that the proposed facility is designed to support, or that
licensing by the FCC is not required;
X X X
5. A report providing a description of the large scale wireless facility
with technical reasons and justification for its design and placement; X
6. A description of the maximum capacity of the large scale wireless
facility as proposed and how the facility can be retrofitted or modified
to accommodate changing user needs;
X
7. Documentation establishing the structural integrity for the large scale
wireless facility's proposed use including documented loading
calculations for wind, snow and seismic forces under circumstances of
maximum capacity loading prepared by a professional structural
engineer licensed to practice in the State of Montana. Loading criteria
shall be those set forth in the edition of the International Building Code
most recently adopted by the City; and
X
8. A statement of how the collocation requirements of Section
18.54.040.B, BMC, shall be met. X
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or
greater in height, the applicant shall submit:
1. Propagation studies for the users of the proposed facility, including existing service
coverage maps and whether the placement of the new site will require relocations of
existing facilities, or a description of how and why the proposed site and facility size
is required to provide service that is otherwise unavailable or substantially inadequate
or is required for the introduction of a new service;
2. A statement of intent of how co-location on the facility will be addressed;
3. A statement of willingness to allow co-location at reasonable and customary rates by
all technically feasible providers up to the structural capacity of the tower;
4. An inventory of all surrounding buildings or other structures greater than 50 feet in
height within a radius of one mile of the proposed location with a listing of height and
suitability for hosting the proposed users of the large scale wireless facility;
5. An applicant shall demonstrate in writing that there are no available openings on
existing facilities which are feasible and that a new structure is necessary. Such
demonstration shall address the criteria in §18.54.040.B, BMC;
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6. A detailed explanation of how the large scale wireless facility will be maintained and
how the maintenance and operations of the large scale wireless facility will be
transferred to a third party should the applicant no longer retain ownership. Unless
otherwise approved by the City, the responsibility of maintenance and operations
shall transfer to the owner of the underlying property;
7. An explanation of how the applicant will provide a financial security for the removal
of the large scale wireless facility in the event that it no longer serves
telecommunications carriers. The financial guarantee shall be 150 percent of the
estimated cost of facility removal and must be acceptable to the City; and
8. A large scale wireless facility may be reviewed as a multiple phase project and be
constructed over time as provided for in §18.54.040.B, BMC. An applicant intending
to construct a new large scale wireless facility shall provide letters of intent adequate
to meet the requirements for leases set forth in §18.54.040.B, BMC.
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