HomeMy WebLinkAboutOrdinance 02- 1557 Amends Municipal Code, Site Plan Review
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ORDINANCE NO. 1557
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 18.52.030; PROVIDING FOR THE CONSIDERATION OF
FISCAL CRITERIA IN SITE PLAN REVIEW UNDER SPECIFIED CIRCUMSTANCES,
AND SETTING THE PARAMETERS THEREFOR.
WHEREAS, Title 76, Chapter 2, part 3, MCA, empowers the City to enact a zoning ordinance
and to provide for its administration, enforcement, and amendment; and
WHEREAS, on the 17th day of April 2000, the City Commission did adopt Ordinance No. 1513,
adopting a new permanent zone code for the purpose of promoting the health, safety or general welfare
of the city; and
WHEREAS, on the 22nd day of October, 2001, the City Commission did adopt Resolution No.
3486, adopting a new growth policy for guidance of future development and improvement of the City of
Bozeman, in accordance with the requirements for growth policies established by state law, Section
76-1-601 MCA; and
WHEREAS, the new growth policy presents community goals and objectives, and
implementation policies to advance those goals and objectives; and
WHEREAS, the goals and objectives presented in the growth policy include, among others;
promotion of an adequate supply of safe housing that is diverse in type, density, and location, assurance
that development of additional areas does not degrade the Historic Core of Bozeman, and fostering of
a diverse economy that will protect the economic climate for existing businesses; and
WHEREAS, abandoned buildings are a blight on the community, and the State Legislature has
declared that the prevention and elimination of such areas is a matter of state policy and state concern;
and
WHEREAS, the implementation policies of the new growth policy include a policy to review, and
revise as necessary, all municipal ordinances to comply with and advance the goals, objectives, and
community vision of the Bozeman 2020 Community Plan; and
WHEREAS, the implementation policies of the new growth policy include a policy to ensure that
municipal ordinances provide for adequate mitigation of identified development impacts; and
WHEREAS, site plan applications must be measured against the express grounds of review
specified in the site plan review ordinance; and
WHEREAS, the decision to approve or reject a site plan must be based on evidence which
shows that the site plan does or does not conform to the standards in the zoning regulations; and
WHEREAS, site plan approval should contain such requirements and conditions that are
appropriate to impacts of growth and costs of development, including but not limited to impacts on the
job market in the City and region, the provision of needed and balanced housing accessible to existing
or planned employment centers, and preventing abandonment of areas of the community.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana:
Section 1
That Section 18.52.030 of the Bozeman Municipal Code be amended to read as follows:
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"18.52.030 Site plan review.
A. Classification of Site Plans.
1. For purposes of this title, site plans will be classified as major or minor site plans. All
developments within the city, except individual single-household, two-household, three-
household and four-household residential structures, each on individual lots, and other
development proposals requiring only sketch plan review, shall be subject to this section. A
major site plan involves one or more of the following:
a. Twelve or more dwelling units in a multiple household structure or structures;
b. Fifteen thousand or more square feet of office space, retail commercial space,
service commercial space or industrial space;
c. More than one building on one site for permitted office uses, permitted retail
commercial uses, permitted service commercial uses, permitted industrial uses or
permitted combinations of uses;
d. Twenty thousand or more square feet of exterior storage of materials or goods;
e. Parking for more than forty vehicles.
2. Any other site plan, except those that are part of a planned unit development or conditional
use permit, will be considered a minor site plan.
3. Any conditional use permit application shall be reviewed according to the regulations in
Chapter 18.53.
4. Any planned unit development shall be reviewed according to the regulations in Chapter
18.54.
B. Review Authority.
1. The city commission has the right to review and require revisions to any proposed site
plans, major or minor. The purpose of this review is to prevent demonstrable adverse impacts
of the development upon public safety, health or welfare; to protect public investments in
roads, drainage facilities, sewage facilities, and other facilities; to conserve the value of
adjoining buildings and/or property; and to ensure that the applicable regulations of the city are
upheld.
2. However, the city commission authorizes the development review committee and/or the
administrative design review staff, when applicable, to review and approve minor site plans
and conditional use permits for the purpose of accessory dwelling units and conditional use
permits which do not create additional building area subject to the appeal provisions outlined
in Chapter 18.58. The city commission authorizes the development review committee and/or
the design review board, when applicable, to review and approve major site plans, planned
unit developments, and conditional use permits not otherwise assigned to administrative
design review staff subject to the appeal provisions outlined in Chapter 18.58. In consideration
of any major site plan application, the city commission shall conduct a public hearing that has
been duly noticed as per Section 18.52.055.
C. Application of Site Plan Review Procedures.
1. These procedures shall apply to all developments within the city except for individual single-
household, two-household, three-household and four-household residential units, each on
individual lots, or to other development proposals requiring only sketch plan review.
2. The site plan shall be submitted and approved prior to the issuance of any building permit.
3. No occupancy permits shall be issued for any development for which site plan review is
required until certification has been provided demonstrating that all terms and conditions of
site plan approval have been complied with.
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D. Site Plan Submittal Requirements.
1. Applications for all site plan approvals shall be submitted to the planning office 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 city commission,
design review board or development review committee to determine whether the proposed
development will meet the development requirements of the city. Unless otherwise specified,
twenty copies of the application and required supplemental information addressing the
following shall be submitted:
a. General Information.
i. Name of project/development,
ii. Location of project/development by street address and legal
description,
iii. Location map, including area within one-half mile of site,
iv. Name and mailing address of developer and owner,
v. Name and mailing address of engineer/ architect, landscape architect
and/or planner,
vi. Date of plan preparation and changes,
vii. North point indicator,
viii. Suggested scale of one inch to twenty feet, but not less than one inch
to one hundred feet,
ix. List of names and addresses of property owners within two hundred
feet of site, using the most current known property owners of record as
shown in the records of the Gallatin County Clerk and Recorder's Office,
x. Stamped, unsealed envelopes addressed with names of above
property owners,
xi. Zoning classification within two hundred feet,
xii. Listing of specific land uses being proposed, and
xiii. Complete, signed application.
xiv. Excluding sketch and minor site plans, a map showing construction
traffic routes to and from the job 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: (1) zoning or other regulatory requirements; (2)
existing conditions on-site; or (3) conditions on-site which would result from the
proposed development.
i. Boundary line of property with dimensions,
ii. Location, identification and dimension of the following existing and
proposed data, on-site and to a distance of one hundred feet outside site
plan boundary unless otherwise stated:
(A) Topographic contours at a minimum interval of two feet, or
as determined by the planning director,
(B) Adjacent streets and street rights-of-way to a distance of
one hundred fifty feet, except for sites adjacent to major
arterial streets where the distances shall be two hundred feet,
(C) On-site streets and rights-of-way,
(D) Ingress and egress points,
(E) Traffic flow on-site,
(F) Traffic flow off-site,
(G) Utilities and utility rights-of-way or easements:
(1) Electric,
(2) Natural gas,
(3) Telephone, cable TV,
(4) Water,
(5) Sewer (sanitary, treated effluent and storm),
(H) Parcel size(s) in gross acres and square feet,
(I) Buildings and structures,
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(J) Estimated total floor area and estimated ratio of floor area
to lot size (floor area ratio, FAR), with a breakdown by land
use,
(K) Proposed coverage of buildings and structures for parcel(s)
and total site, including the following:
(1) Percentage and square footage of building
coverage,
(2) Percentage and square footage of driveway and
parking,
(3) Percentage and square footage of open space
and/or landscaped area,
(L) Surface water holding ponds, streams and irrigation
ditches, watercourses, water bodies and wetlands,
(M) Floodplains as designated on the Federal Insurance Rate
Maps,
(N) Grading and drainage plan, including provisions for on-site
retention/detention and water quality improvement facilities as
required by the city engineering department, or in compliance
with any adopted storm drainage ordinance,
(0) Significant rock outcroppings, slopes of greater than fifteen
percent, or other significant topographic features,
(P) Detailed plan of all parking facilities: including circulation
aisles, access drives, bicycle racks, compact spaces,
handicapped spaces and motorcycle parking,
(Q) Sidewalks, walkways, driveways, loading areas and docks,
bikeways, including typical details,
(R) 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,
(S) Fences and walls, including typical details,
(T) Exterior signs,
(U) Exterior refuse collection areas, including typical details,
(V) Exterior lighting, including typical details,
(W) Curb, asphalt section, and drive approach construction
details,
(X) Landscaping (detailed plan showing plantings, equipment,
and other appropriate information as required in Section
18.50.100),
(1) Landscape legend, including botanical and
common names of vegetation to be used,
(2) Size of plantings at time of planting and at
maturity,
(3) Areas to be irrigated,
(Y) Unique natural features, significant wildlife areas and
vegetative cover, including existing trees and shrubs having a
diameter greater than two and one-half inches, by species,
(Z) Snow storage areas,
(M) Location of municipal and extraterritorial boundaries
within or near the development,
(BB) Existing zoning,
iii. Number of employee and nonemployee parking spaces, existing and
proposed, and total square footage of each,
iv. Site statistics including site square footage, nonresidential building
square footage, percent of site coverage (building and parking), net
dwelling unit density, percent park or open space,
v. Total number, type and density per type of dwelling units, and total
gross residential density and density per residential parcel;
c. Building Design Information (On-Site).
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i. Building heights and elevations of all exterior walls of the building(s) or
structure( s),
ii. 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,
iii. Floor plans depicting location and dimensions of all proposed uses
and activities.
2. Applications for all site plan approvals for commercial buildings which will specialize in the
wholesale or retail sales of commodities, merchandise or other goods to the public in new
structures equal to or greater than fifty thousand (50,000) square feet in gross floor area, or
for single tenant space equal to or greater than 50,000 square feet in gross floor area within
a multi-tenant complex, shall include such additional information or supplementary information
necessary to fairly and properly review the proposal with respect to the impacts of growth and
costs of development. Unless otherwise provided, the applicant will provide, at a minimum:
a. The projected area, also known as Projected Trade Area or PTA, which the
applicant expects to use as its primary commercial base;
b. All relevant wage information from the applicant company, including but not
limited to an average of hourly wages or salaries paid, the benefits offered and the
value of said benefits. The information provided shall include the five years prior to
the application for similarly-sized stores in comparable locations, if any, in the
following categories:
i. Average number of exempt employees;
ii. Average number of non-management employees which work an
average of forty (40) hours per work week;
iii. Average number of non-management employees which work less
than forty (40) hours per work week;
c. The number of employees making less than a living wage as defined by the
Living Wage Ordinance;
d. Projected sales per square foot for the proposed building;
e. The projected change, if any, in existing retail jobs within the PT A;
f. Any other information requested by the City or the firm hired by the city to conduct
the economic impact study required herein;
3. a. The City Commission shall, on an annual basis, request proposals from agencies
specializing in economic impact studies. These proposals will be ranked and used by the
City during the following year for all developments requiring an economic impact study
as set forth in part (2) above. These proposals will include an amount which will be
charged to the applicant for the study. The applicant must provide, in escrow, the
amount necessary to pay for the cost of the study as determined by the city and the
submitted proposals.
b. Upon receipt of an application for a site plan approval for a commercial building
which will specialize in the wholesale or retail sales of commodities, merchandise
or other goods to the public in new structures equal to or greater than 50,000 square
feet in gross floor area or for single-tenant space equal to or greater than 50,000
square feet in gross floor area within a multi-tenant complex, and prior to the any
commission consideration, the City shall cause an economic impact study to be
prepared by qualified professionals of the City's choice. The study shall include, at
a minimum:
i. a report on growth and the rate of growth anticipated for the City and
region, both without the project and with the project as proposed;
ii. a report which quantifies the impacts such growth, including growth
accelerated or attracted by the proposal, will have in the area;
iii. a report on the associated costs and benefits of such growth, and the
ability of the City to accommodate such growth;
iv. a report on the additional costs of public services and facilities caused
directly or indirectly by the project, and the impacts on the ability of the
City to provide municipal or governmental services;
v. a report on the housing within the City of Bozeman available,
affordable, and accessible to employees of the applicant at the wages
they will be paid, with affordability to be defined as the cost of rent or
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payment along with utilities being no more than thirty (30) percent of the
employees' gross income; and any housing planned as part of the
applicant's proposal;
vi. a report on plans and strategies for adapting the building for re-use
in the event of closure, including a closure plan describing how the
property will be disposed of, re-used, demolished, made available for
other uses, or otherwise reclaimed;
vii. a report on the impacts of the project's approval on the job market in
the PT A, including a comparison of wages and benefits of existing
businesses and an analysis of the effects of the project's approval on
wages and benefits of existing businesses;
viii. a report on the impact of approval on the gross annual sales within
the PT A for the specific retail or wholesale business, including what
percentage of those sales the new business can expect and the impact
on other similar businesses within the PT A;
ix. a report describing the net change in the PT A in retail jobs in the
commercial category; and
x. a report which recommends methods to reduce or eliminate adverse
impacts identified in the analysis, including but not limited to specific
costs which may be incurred by the applicant as recommended mitigation
of any negative impacts and any burden on the ability of the City to
provide municipal or governmental services.
c. The applicant will provide any additional information required by the City or the
firm conducting the study in order to satisfactorily complete the study.
d. The City will provide the applicant with a copy of the study in a timely fashion
prior to conditional approval but in no event less than ten working days prior to the
scheduled hearing before the commission. The applicant must formulate a plan to
reduce or eliminate the adverse effects of the development as outlined in the study.
The plan will be submitted to the commission for review during the conditional
approval of the development.
4. The requirements set forth in 18.52.030(0)( 2) and (3) above shall not apply to applications
of buildings equal to or greater than 50,000 square feet requesting expansion of less than 20%
of the original building size.
5. If at any time, an application requests an expansion of an existing commercial space which
is equal to or greater than 50,000 square feet, which increases a building or single tenant
commercial space more than 20% of its original size, or expands an existing building or single
tenant commercial space which is currently less than 50,000 thousand square feet to equal
to or greater than 50,000 thousand square feet, the Commission may require a new or
additional economic impact study be completed, at the applicant's expense, prior to
Commission review of the project. In determining the applicability and necessity of a new
study, the Commission may consider:
a. Whether a previous study had been completed;
b. How much time had passed since the completion of the previous study;
c. Adjustments, if any, in total square footage of similar business located within the
PTA;
d. Changes to the PTA including, but not limited to, population growth, influx of
similar business, the unemployment rate, stability of the workforce and availability
of affordable of housing;
e. The stated purpose for the expansion; and
f. Any other relevant information the Commission determines necessary.
E. Site Plan Review Procedures.
1. Minor Site Plan. Minor site plans shall be processed for review in the manner prescribed in
Chapter 18.51 and Chapter 18.58, should an appeal be taken.
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2. Major Site Plan. Major site plans shall be initially processed through the ORC and/or the
ORB, when applicable, in the manner of a minor site plan; however, the ORC and/or ORB
action(s) shall not be final but rather advisory to the city commission. All procedures and
appeals shall be conducted per the provisions of Chapters 18.51 and 18.58.
F. Site Plan Review Criteria.
1. In considering applications for site plan approval under this title, the development review
committee, and when appropriate, the administrative design review staff, the design review
board, and the city commission shall consider the following:
a. Relationship of site plan elements to conditions both on and off the property;
including
i. compatibility with, and sensitivity to, the immediate environment of the
site and the adjacent neighborhoods relative to architectural design,
building mass and height, neighborhood identity, landscaping, historical
character, orientation of buildings on the site and visual integration;
ii. arrangement of the elements of the site plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are
integrated with the organizational scheme of the community and
neighborhood;
iii. design and arrangement of the elements of the site plan (e.g.,
buildings, circulation, open space and landscaping, etc.) to produce an
efficient, functionally organized, and cohesive development;
iv. design and arrangement of elements of the site plan (e.g., buildings
circulation, open space and landscaping, etc.) in harmony with the
existing natural topography; natural water bodies and water courses;
existing vegetation;
v. design and arrangement of buildings and any open space areas
contribute to the overall aesthetic quality of the site configuration;
b. Conformance to this title, including the cessation of any current violations;
c. Conformance to the city's master plan;
d. All other applicable laws, ordinances and regulations;
e. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
f. The consistency of the proposal with respect to land use requirements;
g. Pedestrian and vehicular ingress and egress; including,
i. design of the pedestrian circulation system to assure that pedestrians
can move safely and easily both within the site and between properties
and activities within the neighborhood area;
ii. Non-automotive transportation and circulation systems design features
to enhance convenience and safety across parking lots and streets,
including, but not limited to, paving patterns, grade differences,
landscaping and lighting;
iii. is the non-automotive transportation system adequately connected to
the systems in adjacent developments;
h. Building location and height;
i. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space and pedestrian areas, and the preservation or replacement of
natural vegetation;
j. Lighting;
k. Provisions for utilities, including efficient public services and facilities;
I. Site surface drainage;
m. Open space; including
i. the enhancement of the natural environment;
ii. are precautions being taken to preserve existing wildlife habitats or
natural wildlife feeding areas;
iii. if the development is adjacent to an existing or approved pUblic park
or public open space area, have provisions been made in the site plan to
avoid interfering with public access to and use of that area;
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iv. is any recreational area suitably located and accessible to the
residential units it is intended to serve and is adequate screening
provided to ensure privacy and quiet for neighboring residential uses;
n. Loading and unloading areas;
o. Grading;
p. Signage;
q. Screening;
r. Setbacks;
s. Overlay district provisions;
1. Other related matters, including expressed public opinion.
2. If the development review committee and, if appropriate, the design review board or the city
commission shall determine that the proposed site plan will not be detrimental to the health,
safety or welfare of the community, is in compliance with the requirements of this title and is
in harmony with the purposes and intent of this title and the Bozeman area master plan,
approval shall be granted, and such conditions and safeguards may be imposed as deemed
necessary.
3. Site plan approval may be denied upon determination that the conditions required for
approval do not exist.
4. Before granting approval of any site plan for a building exceeding or equaling 50,000
square feet in gross floor area, the City Commission shall find:
a. that the proposal is in conformance with the 2020 Community Plan;
b. that the proposal includes plans to reduce or eliminate adverse impacts identified
in the economic impacts analysis submitted by applicant;
c. that the proposal includes plans and strategies for addressing available and
affordable housing accessible to existing or planned development.
d. that the proposal includes plans and strategies for adapting the building for re-
use in the event of closure, including a closure plan describing how the property will
be disposed of, re-used, demolished, made available for other uses, or otherwise
reclaimed;
e. that the proposal will not place an unreasonable burden on the ability of the City
to provide municipal or governmental services.
5. In granting approval of any site plan for a building exceeding or equaling 50,000 square feet
in gross floor area, the City Commission shall impose conditions which prevent undue burden
upon the City in accommodating growth caused by the proposed development."
Section 2
Repealer.
All City ordinances and parts thereof in conflict herewith are hereby superseded by this
ordinance.
Section 3
Savings Provision.
This ordinance does not affect rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance.
Section 4
Severability.
If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and
applicability thereof to other persons and circumstances shall not be affected thereby.
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Section 5
Effective Date.
This ordinance shall be in full force and effect thirty days after second reading and final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular
session thereof held on the 18th day of March, 2002.
ATTEST: sAR~~bf(~
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ROBIN L. SULLIVAN
Clerk of the Commission
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the day of
2002.
STEVEN R. KIRCHHOFF, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
PAUL J. LUWE
City Attorney
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